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Floating Software License

Floating Software License Template for New Zealand

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Key Requirements PROMPT example:

Floating Software License

"I need a Floating Software License agreement for my enterprise software product that will be deployed across multiple offices in New Zealand and Australia, with a maximum of 500 concurrent users and implementation planned for March 2025."

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Document background
This Floating Software License agreement is designed for organizations requiring flexible software deployment across multiple users or devices, where licenses can be dynamically allocated from a central pool rather than being tied to specific machines or users. The document is governed by New Zealand law and incorporates requirements from relevant legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Copyright Act 1994. It is particularly suitable for enterprise environments where software needs to be shared among a larger user base than the number of licenses purchased, optimizing license utilization through concurrent usage tracking. The agreement includes comprehensive terms for license server management, usage monitoring, technical support, and compliance requirements, making it essential for organizations implementing enterprise-wide software solutions with dynamic user allocation needs.
Suggested Sections

1. Parties: Identifies the licensor and licensee, including their legal status and contact details

2. Background: Contextual information about the software and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including technical terms specific to floating licenses

4. License Grant: Specifies the terms of the floating license, including concurrent user limits and usage restrictions

5. License Management: Details about the license server, user allocation, and monitoring mechanisms

6. Payment Terms: License fees, payment schedule, and any usage-based charging mechanisms

7. Licensee Obligations: Requirements for proper license usage, security measures, and user management

8. Support and Maintenance: Terms for technical support, updates, and maintenance services

9. Intellectual Property Rights: Protection of IP rights and ownership of the software

10. Confidentiality: Obligations regarding confidential information protection

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Data Protection: Specific terms for handling personal data when the software processes user information

2. Disaster Recovery: Procedures for license server failure or disaster recovery scenarios

3. Third-Party Software: Terms relating to incorporated third-party software components

4. Geographic Restrictions: Specific terms for geographic limitations on license usage

5. High Availability Setup: Terms for redundant license server configurations

6. Custom Development: Terms for any custom modifications or development work

7. Service Level Agreement: Specific performance metrics and service levels for critical implementations

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software and its components

2. Schedule 2 - License Metrics: Specific details about concurrent user limits, monitoring, and usage calculations

3. Schedule 3 - Technical Requirements: Hardware and software requirements for the license server and client systems

4. Schedule 4 - Support Services: Detailed support and maintenance service specifications

5. Schedule 5 - Fee Schedule: Detailed breakdown of license fees and payment terms

6. Appendix A - Installation Guide: Technical guidelines for installing and configuring the license server

7. Appendix B - Acceptable Use Policy: Detailed rules and guidelines for software usage

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
Authorized Users
Business Day
Commencement Date
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Force Majeure Event
Initial Term
Intellectual Property Rights
License Administrator
License Fee
License Key
License Pool
License Server
Licensed Software
Maintenance Release
Major Release
Minor Release
Network
Normal Business Hours
Personal Data
Service Level Agreement
Software Updates
Source Code
Support Services
System Requirements
Technical Specifications
Term
Territory
Third-Party Software
Usage Data
Usage Reports
User Authentication
Version
Working Hours
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Manufacturing

Professional Services

Government

Telecommunications

Research & Development

Engineering

Media & Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Information Security

Technical Operations

Software Asset Management

Enterprise Architecture

Risk Management

Relevant Roles

Chief Information Officer

IT Director

Software Licensing Manager

Procurement Manager

Legal Counsel

IT Infrastructure Manager

Chief Technology Officer

Contract Administrator

Software Asset Manager

Enterprise Architect

Information Security Manager

Compliance Officer

Technical Operations Manager

Industries
Contract and Commercial Law Act 2017: Provides the fundamental framework for electronic transactions and contract formation in New Zealand, ensuring electronic contracts are legally valid and enforceable
Fair Trading Act 1986: Governs business conduct and prohibits misleading and deceptive behavior in trade, ensuring transparency in software license terms and conditions
Consumer Guarantees Act 1993: Establishes statutory guarantees for goods and services, including software, ensuring they are fit for purpose and of acceptable quality
Copyright Act 1994: Protects software as intellectual property and governs the rights of copyright holders in relation to software licensing
Privacy Act 2020: Regulates the collection, use, and disclosure of personal information, particularly relevant for software that may collect user data or require registration
Commerce Act 1986: Promotes competition and prohibits restrictive trade practices, relevant for license terms that might affect market competition
Unsolicited Electronic Messages Act 2007: Relevant if the software includes communication features or sends automated messages to users
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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