The Third Party Software License Agreement is essential when software is licensed through an intermediary rather than directly from the original software owner to the end user. This document is particularly important in the Nigerian market where software distribution often involves local resellers or implementation partners. The agreement must comply with Nigerian legislation, including the Copyright Act, Cybercrimes Act 2015, and NDPR 2019, while addressing the complexities of a three-party software licensing arrangement. It covers critical aspects such as license scope, usage rights, liability allocation between parties, payment terms, support obligations, and data protection requirements. This type of agreement is commonly used when international software companies enter the Nigerian market through local partners or when Nigerian software companies utilize third-party components in their solutions.
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1. Parties: Identification of the licensor, licensee, and any third-party software provider
2. Background: Context of the agreement, relationship between parties, and brief description of the software
3. Definitions: Detailed definitions of technical terms, capitalized terms, and key concepts used throughout the agreement
4. License Grant: Scope of license, usage rights, restrictions, and territory limitations
5. License Fees and Payment: Payment terms, fee structure, payment schedule, and late payment consequences
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims
7. Confidentiality: Protection of confidential information, obligations, and exclusions
8. Data Protection and Privacy: Compliance with NDPR 2019, data handling obligations, and privacy requirements
9. Warranties and Representations: Software performance warranties, authority to license, and compliance warranties
10. Limitation of Liability: Caps on liability, exclusions, and indemnification provisions
11. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations
12. Support and Maintenance: Service levels, maintenance schedules, and technical support provisions
13. Audit Rights: Right to audit usage, compliance verification procedures
14. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices
1. Professional Services: Include when implementation, training, or consulting services are part of the agreement
2. Hardware Requirements: Include when specific hardware is required for software operation
3. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
4. Third Party Components: Include when the software incorporates third-party components requiring separate terms
5. Export Control: Include when software is subject to international distribution
6. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
7. Security Requirements: Include when specific security protocols or certifications are required
8. Custom Development: Include when custom modifications or developments are part of the license
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing models
3. Schedule 3 - Service Level Agreement: Performance metrics, support levels, and response times
4. Schedule 4 - Technical Requirements: System requirements, compatible platforms, and technical specifications
5. Schedule 5 - Implementation Plan: Timeline and milestones for software implementation if applicable
6. Appendix A - Authorized Users: Definition and categories of authorized users and access levels
7. Appendix B - Security Standards: Required security protocols, standards, and compliance requirements
8. Appendix C - Support Procedures: Detailed procedures for accessing and utilizing support services
Relevant legal definitions
Acceptance Tests
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
End User
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Original Licensor
Patch
Personal Data
Professional Services
Renewal Term
Security Breach
Service Levels
Software Modifications
Source Code
Specifications
Sub-License
Support Services
System Requirements
Term
Territory
Third Party Components
Third Party Licensor
Update
Upgrade
User Data
Virus
Warranty Period
Work Product
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
End User
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Original Licensor
Patch
Personal Data
Professional Services
Renewal Term
Security Breach
Service Levels
Software Modifications
Source Code
Specifications
Sub-License
Support Services
System Requirements
Term
Territory
Third Party Components
Third Party Licensor
Update
Upgrade
User Data
Virus
Warranty Period
Work Product
Clauses
License Grant
Sub-licensing Rights
Intellectual Property
Payment
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Term and Termination
Support and Maintenance
Professional Services
Audit Rights
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Compliance with Laws
Export Control
Anti-Corruption
Security Requirements
Service Levels
Implementation
Acceptance Testing
Training
Documentation
Business Continuity
Source Code Escrow
Performance Standards
Usage Restrictions
Territory Restrictions
Sub-licensing Rights
Intellectual Property
Payment
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Term and Termination
Support and Maintenance
Professional Services
Audit Rights
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Compliance with Laws
Export Control
Anti-Corruption
Security Requirements
Service Levels
Implementation
Acceptance Testing
Training
Documentation
Business Continuity
Source Code Escrow
Performance Standards
Usage Restrictions
Territory Restrictions
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Telecommunications
Professional Services
Government and Public Sector
Energy and Utilities
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Vendor Management
Software Asset Management
Solutions Architecture
Operations
Finance
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Compliance Officer
Information Security Manager
Chief Information Officer
Contract Manager
Business Development Manager
Software Asset Manager
Technology Risk Manager
Vendor Management Officer
Chief Legal Officer
Solutions Architect
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