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Commercial Software License

Commercial Software License Template for New Zealand

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Key Requirements PROMPT example:

Commercial Software License

"I need a Commercial Software License Agreement for my accounting software product that will be licensed to small and medium businesses in New Zealand, with standard support terms and an initial term starting March 1, 2025."

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This Commercial Software License Agreement template is designed for use in New Zealand business contexts where software is being licensed for commercial purposes. It provides a comprehensive framework for software licensing transactions, incorporating key provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Copyright Act 1994, and Fair Trading Act 1986. The document is particularly suitable for software providers licensing their products to business customers, covering essential aspects such as license scope, usage rights, fees, maintenance, support, and intellectual property protection. It includes specific provisions addressing data protection under the Privacy Act 2020 and electronic transaction requirements, making it suitable for modern software licensing arrangements in the New Zealand market.
Suggested Sections

1. Parties: Identifies the licensor and licensee with their full legal names and registered addresses

2. Background: Sets out the context of the agreement, including brief description of the software and purpose of the license

3. Definitions: Defines key terms used throughout the agreement

4. License Grant: Specifies the scope, nature, and type of license being granted (e.g., perpetual/term-based, exclusive/non-exclusive)

5. License Restrictions: Details what the licensee cannot do with the software

6. License Fee and Payment Terms: Specifies the license fees, payment schedule, and payment terms

7. Intellectual Property Rights: Confirms ownership of IP rights and protects licensor's intellectual property

8. Warranties and Representations: Sets out warranties provided by the licensor regarding the software

9. Support and Maintenance: Outlines the support and maintenance services provided

10. Confidentiality: Protects confidential information exchanged between parties

11. Term and Termination: Specifies the duration of the agreement and termination rights

12. Liability and Indemnification: Limits liability and sets out indemnification obligations

13. General Provisions: Contains standard boilerplate clauses including governing law, dispute resolution, and notices

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are part of the agreement

2. Service Levels: Include when specific performance standards and metrics need to be maintained

3. Data Protection and Privacy: Include when personal data will be processed through the software

4. Disaster Recovery: Include for critical software applications requiring business continuity provisions

5. Third-Party Components: Include when the software incorporates third-party elements requiring separate terms

6. Export Controls: Include when software may be subject to export control regulations

7. Software Customization: Include when bespoke modifications are required

8. Acceptance Testing: Include when formal testing and acceptance procedures are required

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure, and any variable components

3. Schedule 3 - Service Level Agreement: Detailed service levels, performance metrics, and remedies

4. Schedule 4 - Support and Maintenance Services: Detailed description of support services, response times, and escalation procedures

5. Schedule 5 - Authorized Users: Details of authorized users or user categories and associated access rights

6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation

7. Appendix B - Security Requirements: Security standards and protocols to be maintained

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Software
Maintenance Services
Modifications
Personal Data
Professional Services
Renewal Term
Service Levels
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Components
Updates
Upgrades
User Access Levels
Working Hours
Relevant Industries

Information Technology

Software Development

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Education

Telecommunications

Government and Public Sector

Legal Services

Consulting

Relevant Teams

Legal

Information Technology

Procurement

Operations

Risk and Compliance

Commercial

Software Development

Vendor Management

Finance

Information Security

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Procurement Manager

Contract Manager

Software Licensing Manager

Commercial Director

Chief Information Officer

Business Development Manager

Operations Manager

Risk Manager

Compliance Officer

Software Asset Manager

Technology Procurement Specialist

Industries
Contract and Commercial Law Act 2017: Primary legislation governing formation and enforcement of commercial contracts in New Zealand, including electronic transactions and sale of goods provisions
Copyright Act 1994: Protects software as intellectual property and governs the rights of copyright holders in licensing their work
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade and ensures fair commercial practices in licensing agreements
Consumer Guarantees Act 1993: Provides statutory guarantees for goods and services, including software, though parties can contract out in commercial contexts
Privacy Act 2020: Regulates the collection, use, and disclosure of personal information if the software processes user data
Electronic Transactions Act 2002: Facilitates electronic transactions and ensures electronic signatures and contracts have legal effect
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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