This Software License Subscription agreement template is designed for use in New Zealand business contexts where software is provided on a subscription basis. It is particularly suitable for software providers offering their solutions to business customers under New Zealand law, incorporating essential elements required by local legislation including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986. The document addresses key commercial and legal aspects such as license scope, usage rights, service levels, data protection, and intellectual property rights, while providing flexibility to accommodate various software solutions and business models. It includes provisions for subscription renewal, modification, and termination, along with clear guidelines for support services and acceptable use.
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Key Requirements PROMPT example:
Software License Subscription
"I need a Software License Subscription agreement for my healthcare software company in New Zealand, compliant with health sector regulations, allowing for multi-user access across different medical facilities with strict data protection requirements."
1. Parties: Identifies and defines the contracting parties - Licensor and Licensee
2. Background: Provides context for the agreement and summarizes the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the software license
5. Subscription Terms: Details the duration, renewal, and termination conditions of the subscription
6. Payment Terms: Outlines fees, payment schedule, and billing procedures
7. Use Restrictions: Specifies prohibited uses, user limitations, and usage boundaries
8. Service Levels: Defines availability, performance standards, and support commitments
9. Data Protection and Privacy: Addresses data handling, privacy compliance, and security measures
10. Intellectual Property Rights: Clarifies ownership of IP and related rights
11. Warranties and Disclaimers: States warranties provided and limitations thereof
12. Liability and Indemnification: Defines liability limits and indemnification obligations
13. Confidentiality: Governs handling of confidential information
14. Term and Termination: Details agreement duration and termination procedures
15. General Provisions: Includes standard boilerplate clauses like governing law and notices
1. Professional Services: Used when implementation, training, or consulting services are included
2. Custom Development: Included when custom software modifications are part of the agreement
3. Hardware Requirements: Added when specific hardware is required for software operation
4. Disaster Recovery: Included for critical software requiring specific recovery procedures
5. Geographic Restrictions: Used when license has territorial limitations
6. User Training: Added when training services are part of the subscription
7. Third-Party Software: Required when third-party components are included in the licensed software
8. Export Controls: Included for software subject to export regulations
1. Schedule 1 - Software Description: Detailed description of the licensed software and its functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, support terms, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed breakdown of subscription fees and payment terms
4. Schedule 4 - Technical Requirements: Technical specifications and system requirements
5. Schedule 5 - Support Services: Details of support and maintenance services
6. Schedule 6 - Data Processing Terms: Detailed data processing and privacy requirements
7. Appendix A - Authorized Users: Definition and limitations of authorized users
8. Appendix B - Acceptable Use Policy: Detailed acceptable use terms and restrictions
Authors
Relevant legal definitions
Acceptable Use Policy
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Malicious Code
New Version
Normal Business Hours
Personal Data
Privacy Laws
Professional Services
Renewal Period
Service Credits
Service Levels
Software Updates
Specification
Subscription
Subscription Period
Subscription Fee
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
User Credentials
Virus
Working Hours
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Malicious Code
New Version
Normal Business Hours
Personal Data
Privacy Laws
Professional Services
Renewal Period
Service Credits
Service Levels
Software Updates
Specification
Subscription
Subscription Period
Subscription Fee
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
User Credentials
Virus
Working Hours
Clauses
License Grant
Subscription Terms
Payment
Service Levels
Support Services
Software Updates
User Access
Usage Restrictions
Data Protection
Privacy
Security
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Insurance
Notice
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Interpretation
Definitions
Survival
Subscription Terms
Payment
Service Levels
Support Services
Software Updates
User Access
Usage Restrictions
Data Protection
Privacy
Security
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Insurance
Notice
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Interpretation
Definitions
Survival
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Professional Services
Manufacturing
Retail
Government
Telecommunications
Media and Entertainment
Insurance
Real Estate
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Operations
Software Development
Information Security
Risk Management
Commercial
Vendor Management
Project Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Contract Manager
Chief Information Officer
Chief Financial Officer
IT Security Manager
Risk Manager
Operations Director
Business Development Manager
Commercial Manager
Project Manager
Software Licensing Specialist
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