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.
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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."
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
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
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
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
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
Clauses
License Grant
License Restrictions
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Support and Maintenance
Service Levels
Term and Termination
Liability
Indemnification
Force Majeure
Assignment
Security
Audit Rights
Documentation
Usage Rights
Installation
Training
Acceptance Testing
Dispute Resolution
Governing Law
Insurance
Export Control
Third Party Rights
Notices
Entire Agreement
Variation
Severability
Waiver
Survival
License Restrictions
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Support and Maintenance
Service Levels
Term and Termination
Liability
Indemnification
Force Majeure
Assignment
Security
Audit Rights
Documentation
Usage Rights
Installation
Training
Acceptance Testing
Dispute Resolution
Governing Law
Insurance
Export Control
Third Party Rights
Notices
Entire Agreement
Variation
Severability
Waiver
Survival
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
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