This On Premise Software License Agreement template is designed for use in New Zealand business contexts where a software vendor wishes to license their software product for installation and use on a customer's local infrastructure. The document is structured to comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It should be used when a business needs to establish clear terms for software licensing, including usage rights, restrictions, maintenance, support, and compliance obligations. The agreement covers critical aspects such as intellectual property protection, warranty terms, liability limitations, and dispute resolution procedures, while accommodating specific requirements for different business sectors and use cases. This template is particularly relevant for enterprise software deployments where the customer requires direct control over the software installation and operational environment.
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1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Defined terms used throughout the agreement, including technical terms, software components, and key concepts
4. License Grant: Scope of the license, including usage rights, restrictions, and territory limitations
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of derivative works
7. Confidentiality: Protection of confidential information, including software code and business information
8. Warranties and Representations: Warranties regarding software functionality, IP rights, and compliance with laws
9. Limitation of Liability: Caps on liability and exclusions of certain types of damages
10. Term and Termination: Duration of the agreement, renewal terms, and termination rights
11. Post-Termination Obligations: Actions required upon termination, including software removal and return of materials
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Professional Services: Include when implementation, training, or consulting services are provided alongside the software
2. Service Levels: Include when specific performance standards or support levels are guaranteed
3. Data Protection: Include when the software processes personal data or when compliance with privacy laws is critical
4. Audit Rights: Include when the licensor needs rights to audit licensee's compliance with license terms
5. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
6. Export Controls: Include when the software is subject to export control regulations
7. Disaster Recovery: Include when specific disaster recovery and business continuity requirements exist
8. Third-Party Software: Include when the licensed software incorporates third-party components
1. Schedule 1 - Licensed Software: Detailed description of the software, including versions, modules, and components
2. Schedule 2 - Technical Requirements: Hardware and software requirements for running the licensed software
3. Schedule 3 - License Fees: Detailed breakdown of license fees, payment schedule, and pricing terms
4. Schedule 4 - Support Services: Description of support and maintenance services, including service levels if applicable
5. Schedule 5 - Acceptance Testing: Acceptance testing procedures and criteria, if applicable
6. Appendix A - Authorized Users: Definition and limitations of authorized users and usage parameters
7. Appendix B - Security Requirements: Security standards and requirements for software implementation and use
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Minor Release
New Version
Normal Business Hours
Operating Environment
Permitted Purpose
Personal Data
Professional Services
Representatives
Service Levels
Software Specification
Source Code
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Manual
Virus
Vulnerability
Warranty Period
Working Hours
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Minor Release
New Version
Normal Business Hours
Operating Environment
Permitted Purpose
Personal Data
Professional Services
Representatives
Service Levels
Software Specification
Source Code
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Manual
Virus
Vulnerability
Warranty Period
Working Hours
Clauses
License Grant
License Restrictions
License Fees
Payment Terms
Intellectual Property Rights
Delivery and Installation
Acceptance Testing
Technical Requirements
Usage Rights
Support Services
Maintenance
Professional Services
Warranties
Representations
Confidentiality
Data Protection
Privacy
Audit Rights
Performance Standards
Service Levels
Term and Duration
Termination
Force Majeure
Assignment
Subcontracting
Liability
Indemnification
Insurance
Dispute Resolution
Governing Law
Jurisdiction
Export Control
Security Requirements
Disaster Recovery
Business Continuity
Third Party Rights
Entire Agreement
Variation
Severability
Notices
General Provisions
License Restrictions
License Fees
Payment Terms
Intellectual Property Rights
Delivery and Installation
Acceptance Testing
Technical Requirements
Usage Rights
Support Services
Maintenance
Professional Services
Warranties
Representations
Confidentiality
Data Protection
Privacy
Audit Rights
Performance Standards
Service Levels
Term and Duration
Termination
Force Majeure
Assignment
Subcontracting
Liability
Indemnification
Insurance
Dispute Resolution
Governing Law
Jurisdiction
Export Control
Security Requirements
Disaster Recovery
Business Continuity
Third Party Rights
Entire Agreement
Variation
Severability
Notices
General Provisions
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Insurance
Banking
Legal Services
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Software Asset Management
Information Security
Vendor Management
Operations
Commercial
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Contract Manager
Information Security Officer
Risk Management Officer
Commercial Director
Head of IT
Technology Procurement Specialist
Software Asset Manager
Compliance Officer
General Counsel
IT Operations Manager
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