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Generic Software License Agreement

Generic Software License Agreement Template for New Zealand

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Key Requirements PROMPT example:

Generic Software License Agreement

"I need a Generic Software License Agreement for my enterprise SaaS platform that will be licensed to medium-sized businesses in New Zealand, with particular emphasis on data privacy compliance and multi-user access provisions."

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This Generic Software License Agreement is designed for use in New Zealand business contexts where software is being licensed for use by customers. It provides a comprehensive framework for software licensing transactions, incorporating necessary provisions to comply with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The agreement is suitable for various licensing scenarios, from simple single-user licenses to complex enterprise-wide deployments. It includes essential provisions for protecting intellectual property rights, defining usage terms, establishing support and maintenance obligations, and managing liability and risk. This template can be customized based on specific software products, licensing models, and business requirements while maintaining compliance with New Zealand legal standards.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. License Grant: Scope, nature, and limitations of the software license being granted

5. License Fees and Payment: Payment terms, fee structure, and payment obligations

6. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use

7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software

8. Warranties and Representations: Warranties provided by both parties, including software performance and functionality

9. Support and Maintenance: Terms for ongoing support, updates, and maintenance services

10. Confidentiality: Protection and handling of confidential information

11. Limitation of Liability: Limits on liability and exclusions of certain types of damages

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Data Protection and Privacy: Required if the software processes personal data or when compliance with the Privacy Act 2020 is relevant

2. Service Level Agreement: Include when specific performance metrics and service levels are guaranteed

3. Security Requirements: Include when specific security standards or protocols must be maintained

4. Third-Party Software: Required when the licensed software incorporates third-party components

5. Export Controls: Include for software subject to export regulations or international use restrictions

6. Source Code Escrow: Include when source code escrow arrangements are part of the agreement

7. Professional Services: Include when implementation, training, or consulting services are provided alongside the license

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components

2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure, and pricing terms

3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications

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

5. Schedule 5 - Service Level Agreement: Detailed performance metrics, service levels, and remedies

6. Appendix A - Authorized Users: Definition and list of authorized users or user categories

7. Appendix B - Acceptable Use Policy: Detailed rules and restrictions for software use

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 Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customization
Data
Documentation
Effective Date
End User
Error
Fees
Force Majeure Event
Harmful Code
Intellectual Property Rights
License Fee
License Term
Licensed Software
Licensee
Licensor
Maintenance Release
Major Release
Minor Release
Open Source Software
Personal Information
Professional Services
Purchase Order
Related Company
Representatives
Security Requirements
Service Level Agreement
Software
Software Updates
Source Code
Specifications
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
Upgrade
User Documentation
Virus
Warranty Period
Working Hours
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

Media and Entertainment

Construction

Transport and Logistics

Agriculture

Mining and Resources

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Operations

Commercial

Information Security

Vendor Management

Business Development

Finance

Software Asset Management

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Procurement Manager

Software Licensing Manager

Compliance Officer

Contract Manager

Business Development Manager

Chief Information Officer

IT Security Manager

Risk Manager

Operations Manager

Commercial Manager

General Counsel

Software Asset Manager

Industries
Contract and Commercial Law Act 2017: Governs formation and enforcement of contracts, including electronic transactions and digital signatures. Essential for ensuring the license agreement is legally binding.
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade. Relevant for terms and conditions, warranties, and representations made in the software license.
Consumer Guarantees Act 1993: Sets out statutory guarantees for goods and services, including software products sold to consumers. Important for warranty provisions and liability limitations.
Copyright Act 1994: Protects intellectual property rights in software, including source code, documentation, and user interfaces. Critical for defining license scope and restrictions.
Privacy Act 2020: Regulates the collection, use, and disclosure of personal information. Relevant if the software processes user data or requires personal information collection.
Commerce Act 1986: Promotes competition and prohibits restrictive trade practices. Relevant for license restrictions and territorial limitations.
Unsolicited Electronic Messages Act 2007: Regulates commercial electronic messages and spam. Relevant if the software includes communication features or marketing functionalities.
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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