The Software License Commercial Use agreement is essential for organizations seeking to formalize the terms of software usage in a business context under New Zealand law. This document is typically used when a software provider wishes to grant a commercial entity the right to use their software while maintaining ownership and protecting their intellectual property rights. It addresses key aspects such as usage scope, licensing fees, maintenance terms, and compliance requirements. The agreement ensures compliance with New Zealand legislation, including the Copyright Act 1994, Contract and Commercial Law Act 2017, and Privacy Act 2020. It's particularly crucial for protecting both parties' interests in commercial software transactions and establishing clear parameters for software utilization, support, and dispute resolution.
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1. Parties: Identifies and defines the licensor and licensee with full legal names and addresses
2. Background: Explains the context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Defines key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, License Fee, etc.
4. Grant of License: Specifies the scope, nature, and territory of the license granted, including usage rights and restrictions
5. License Fee and Payment Terms: Details the license fees, payment schedule, and payment terms
6. Intellectual Property Rights: Confirms ownership of IP rights and protections for the software
7. Confidentiality: Defines confidential information and obligations regarding its protection
8. Warranties and Representations: Specifies warranties provided and disclaimers
9. Limitation of Liability: Sets out limitations and exclusions of liability
10. Term and Termination: Defines the duration of the agreement and circumstances for termination
11. Post-Termination Obligations: Specifies obligations and rights of parties after termination
12. General Provisions: Includes standard boilerplate clauses such as governing law, dispute resolution, and entire agreement
1. Maintenance and Support: Details support services and maintenance terms if offered separately from the basic license
2. Service Level Agreement: Includes if specific performance levels are guaranteed for the software
3. Data Protection and Privacy: Required if the software processes personal data or requires user registration
4. Third-Party Software: Necessary if the software incorporates third-party components
5. Export Controls: Required if the software is subject to export regulations
6. Professional Services: Include if implementation or customization services are provided
7. Source Code Escrow: Include if source code escrow arrangements are part of the agreement
1. Schedule 1 - Software Description: Detailed technical description of the software, including specifications and functionality
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure, and any variable components
3. Schedule 3 - Authorized Users: Defines who can use the software and any user limitations or tiers
4. Schedule 4 - Technical Requirements: Specifies minimum system requirements and technical specifications
5. Schedule 5 - Support Services: Details of support services if included, including service levels and response times
6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
7. Appendix B - Security Requirements: Security standards and requirements for software use and data protection
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