This Proprietary Software Licence agreement is designed for use in situations where a software provider wishes to license their proprietary software to businesses or organizations while retaining full ownership rights. The document is structured in accordance with Maltese law and EU regulations, making it particularly suitable for software companies operating in or from Malta, or those seeking to license their software to Maltese entities. It includes comprehensive provisions for protecting intellectual property rights, establishing usage parameters, defining payment terms, and ensuring compliance with relevant data protection and electronic commerce regulations. This agreement is essential for software providers who need to maintain control over their intellectual property while granting specific usage rights to licensees, and it incorporates necessary safeguards and compliance measures required under both Maltese and EU law.
Proprietary Software Licence for Malta
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Key Requirements PROMPT example:
Proprietary Software Licence
"I need a Proprietary Software License agreement for my fintech software that will be licensed to Maltese banks, including GDPR compliance clauses and specific provisions for handling financial data, with the agreement expected to commence in March 2025."
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. Grant of License: Scope of the license, including permitted uses, number of users, and deployment restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Assertion of ownership rights, protection of IP, and handling of derivative works
7. Confidentiality: Protection of confidential information and trade secrets
8. Warranties and Representations: Software performance warranties and licensor's representations
9. Limitation of Liability: Caps on liability and exclusions of certain types of damages
10. Term and Termination: Duration of the license, renewal terms, and termination conditions
11. Post-Termination Obligations: Actions required upon termination, including software removal and return of materials
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Required if the software processes personal data, ensuring GDPR compliance
2. Maintenance and Support: Include when ongoing support and maintenance services are part of the agreement
3. Service Levels: Add when specific performance metrics and service levels are guaranteed
4. Third-Party Components: Necessary when the software includes third-party libraries or components
5. Export Controls: Include for software subject to export regulations
6. Source Code Escrow: Optional protection for licensee through source code escrow arrangements
7. Training and Implementation: Include when training and implementation services are provided
8. Audit Rights: Add when licensor requires rights to audit licensee's use of the software
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of license fees, payment schedule, and calculation methods
3. Schedule 3 - Technical Requirements: Hardware and software requirements for running the licensed software
4. Schedule 4 - Service Level Agreement: Detailed performance metrics, response times, and support levels if applicable
5. Schedule 5 - Maintenance and Support Terms: Detailed maintenance and support provisions if included
6. Appendix A - Authorized Users: List of authorized users or user categories and their access rights
7. Appendix B - Data Processing Terms: Detailed data processing terms and conditions if required for GDPR compliance
Authors
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License
License Key
License Term
Maintenance Services
Modifications
Normal Business Hours
Open Source Software
Operating Environment
Personal Data
Proprietary Software
Security Requirements
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Territory
Third-Party Software
User Access Levels
Virus
Working Hours
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License
License Key
License Term
Maintenance Services
Modifications
Normal Business Hours
Open Source Software
Operating Environment
Personal Data
Proprietary Software
Security Requirements
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Territory
Third-Party Software
User Access Levels
Virus
Working Hours
Clauses
License Grant
Intellectual Property
Payment Terms
Usage Rights
Usage Restrictions
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Technical Requirements
Maintenance and Support
Service Levels
Security
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Severability
Third Party Rights
Export Control
Compliance with Laws
Notice
Survival
Intellectual Property
Payment Terms
Usage Rights
Usage Restrictions
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Technical Requirements
Maintenance and Support
Service Levels
Security
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Severability
Third Party Rights
Export Control
Compliance with Laws
Notice
Survival
Relevant Industries
Information Technology
Financial Services
Gaming and iGaming
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
Banking
Insurance
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Commercial
Business Development
Risk Management
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
IT Director
Procurement Manager
Commercial Director
Software Development Manager
Compliance Officer
Information Security Manager
Contract Manager
Business Development Director
Chief Information Officer
Chief Legal Officer
Software Asset Manager
IT Procurement Specialist
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