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.
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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
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
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
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
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
Clauses
Definitions
License Grant
License Restrictions
License Management
Technical Requirements
Implementation
Payment
Support and Maintenance
Intellectual Property
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Security Requirements
Service Levels
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Export Control
Anti-Bribery
Insurance
License Grant
License Restrictions
License Management
Technical Requirements
Implementation
Payment
Support and Maintenance
Intellectual Property
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Security Requirements
Service Levels
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Export Control
Anti-Bribery
Insurance
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
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