This Copyright Software License Agreement template is designed for use under Nigerian law when a software owner wishes to grant usage rights while retaining ownership of the copyright. It is particularly relevant in the Nigerian market where software licensing must comply with both the Copyright Act and the National Information Technology Development Act. The document provides a comprehensive framework for protecting intellectual property rights while enabling commercial exploitation of software. It includes essential provisions for license scope, term, fees, technical support, and compliance with Nigerian data protection regulations. This template is suitable for both Nigerian and international companies engaging in software licensing transactions within Nigeria, and can be customized based on the specific software product, intended use, and commercial terms.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'License', 'Intellectual Property Rights', etc.
4. Grant of License: Explicit statement of the rights being granted, including type of license (exclusive/non-exclusive), territory, and duration
5. License Fees: Payment terms, amounts, and schedule for license fees
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software
8. Technical Support and Maintenance: Terms for ongoing support, updates, and maintenance of the software
9. Warranties and Representations: Warranties regarding software ownership, performance, and compliance with laws
10. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Confidentiality: Protection of confidential information exchanged during the license period
13. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires access to source code under specific conditions
2. Third Party Software: Provisions regarding third-party software components, needed when the software incorporates third-party elements
3. Data Protection: Specific data protection obligations, required when software processes personal data
4. Export Control: Export control provisions, needed for international licensing
5. Training: Terms for training services, included when licensor provides training to licensee's staff
6. Service Level Agreement: Detailed service levels and performance metrics, needed for business-critical software
7. Disaster Recovery: Disaster recovery and business continuity provisions, important for enterprise software
8. White Labeling Rights: Terms for rebranding the software, needed when licensee has right to rebrand
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and calculation methods
3. Schedule 3 - Technical Support Services: Detailed description of support services, response times, and escalation procedures
4. Schedule 4 - Service Level Agreement: Detailed performance metrics, availability requirements, and remedies
5. Schedule 5 - Approved Users: List of authorized users or user categories permitted to use the software
6. Appendix A - Installation Requirements: Technical requirements for software installation and operation
7. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria
8. Appendix C - Security Requirements: Security standards and requirements for software operation
Relevant legal definitions
Acceptance Criteria
Affiliate
Agreement
API
Authorized Users
Business Day
Confidential Information
Configuration
Copyright
Documentation
Effective Date
End User
Error
Fees
Force Majeure
Intellectual Property Rights
License
License Fee
License Term
Licensed Software
Licensor Materials
Maintenance Services
Major Release
Minor Release
Modifications
Object Code
Open Source Software
Operating Environment
Patch
Permitted Purpose
Personnel
Related Materials
Server
Software
Source Code
Specifications
Subscription Term
Support Hours
Support Services
System Requirements
Technical Support
Territory
Third Party Software
Updates
Upgrade
User Manual
Virus
Warranties
Work Product
Affiliate
Agreement
API
Authorized Users
Business Day
Confidential Information
Configuration
Copyright
Documentation
Effective Date
End User
Error
Fees
Force Majeure
Intellectual Property Rights
License
License Fee
License Term
Licensed Software
Licensor Materials
Maintenance Services
Major Release
Minor Release
Modifications
Object Code
Open Source Software
Operating Environment
Patch
Permitted Purpose
Personnel
Related Materials
Server
Software
Source Code
Specifications
Subscription Term
Support Hours
Support Services
System Requirements
Technical Support
Territory
Third Party Software
Updates
Upgrade
User Manual
Virus
Warranties
Work Product
Clauses
Grant of License
Intellectual Property Rights
License Restrictions
License Fees and Payment
Technical Support and Maintenance
Warranties and Representations
Limitation of Liability
Indemnification
Confidentiality
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Data Protection
Compliance with Laws
Audit Rights
Notice
Installation and Implementation
Training
Service Levels
Acceptance Testing
Security Requirements
Export Control
Third Party Rights
Source Code Escrow
Non-Competition
Severability
Waiver
Amendment
Counterparts
Intellectual Property Rights
License Restrictions
License Fees and Payment
Technical Support and Maintenance
Warranties and Representations
Limitation of Liability
Indemnification
Confidentiality
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Data Protection
Compliance with Laws
Audit Rights
Notice
Installation and Implementation
Training
Service Levels
Acceptance Testing
Security Requirements
Export Control
Third Party Rights
Source Code Escrow
Non-Competition
Severability
Waiver
Amendment
Counterparts
Relevant Industries
Technology
Banking and Finance
Healthcare
Education
Government
Telecommunications
Manufacturing
Retail
Professional Services
Energy
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Software Development
Procurement
Compliance
Information Security
Commercial
Risk Management
Finance
Business Development
Operations
Technical Support
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
IT Director
Procurement Manager
Compliance Officer
Intellectual Property Lawyer
Commercial Director
Chief Information Officer
Software Licensing Manager
Contract Administrator
Information Security Officer
Business Development Manager
Technology Risk Manager
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