The Subscription License Agreement serves as a foundational document for businesses providing subscription-based software, digital services, or content in New Zealand. This agreement is essential when establishing recurring access to proprietary technology, platforms, or digital resources, whether for business-to-business or business-to-consumer relationships. It addresses critical aspects such as service delivery, usage rights, intellectual property protection, data privacy, and payment terms, while ensuring compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020. The document is particularly relevant for cloud-based services, software-as-a-service (SaaS) offerings, digital content platforms, and other subscription-based technology solutions.
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1. Parties: Identifies and defines the contracting parties - the Licensor and Licensee
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the license being granted
5. Subscription Terms: Details the duration, renewal, and termination conditions of the subscription
6. Fees and Payment: Outlines the payment terms, subscription fees, and billing procedures
7. User Access and Restrictions: Specifies permitted users, access controls, and usage restrictions
8. Service Levels: Defines the service availability, performance standards, and support
9. Data Protection and Privacy: Addresses the handling of personal data and privacy compliance
10. Intellectual Property Rights: Establishes IP ownership and protection measures
11. Confidentiality: Defines confidential information and protection obligations
12. Warranties and Disclaimers: States the warranties provided and limitations
13. Liability and Indemnification: Sets out liability limits and indemnification obligations
14. Termination: Details termination rights, process, and consequences
15. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law
1. Professional Services: Include when additional implementation or consulting services are provided
2. Service Credits: Include when offering financial compensation for service level failures
3. Disaster Recovery: Include for critical services requiring specific recovery procedures
4. Security Requirements: Include when specific security standards or certifications are required
5. Training and Support: Include when specialized training or enhanced support is offered
6. Third-Party Integrations: Include when the service interfaces with third-party products
7. Custom Development: Include when bespoke development or customization is provided
8. Geographic Restrictions: Include when service availability is geographically limited
1. Schedule 1 - Service Description: Detailed description of the licensed service or software
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing tiers
4. Schedule 4 - Technical Requirements: System requirements and technical specifications
5. Schedule 5 - Support Services: Support levels, response times, and escalation procedures
6. Schedule 6 - Data Processing Agreement: Detailed data processing terms and compliance requirements
7. Appendix A - Authorized Users: List of authorized users or user categories
8. Appendix B - Acceptable Use Policy: Detailed acceptable use terms and restrictions
Relevant legal definitions
Acceptable Use Policy
Access Credentials
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Materials
Maintenance
Permitted Purpose
Personal Data
Platform
Privacy Policy
Professional Services
Renewal Term
Service Credits
Service Levels
Services
Software
Specifications
Subscription
Subscription Fee
Subscription Period
Subscription Term
Support Services
System Requirements
Term
Territory
Third-Party Components
Updates
Upgrades
User Terms
Virus
Access Credentials
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Materials
Maintenance
Permitted Purpose
Personal Data
Platform
Privacy Policy
Professional Services
Renewal Term
Service Credits
Service Levels
Services
Software
Specifications
Subscription
Subscription Fee
Subscription Period
Subscription Term
Support Services
System Requirements
Term
Territory
Third-Party Components
Updates
Upgrades
User Terms
Virus
Clauses
License Grant
Subscription Terms
Payment
Service Levels
Access Rights
Usage Restrictions
Intellectual Property
Data Protection
Privacy
Confidentiality
Security
Support Services
Maintenance
Warranties
Representations
Liability
Indemnification
Force Majeure
Term and Termination
Suspension Rights
Service Credits
Audit Rights
Compliance
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Jurisdiction
Notice
Entire Agreement
Variation
Severability
Counterparts
Third Party Rights
Subscription Terms
Payment
Service Levels
Access Rights
Usage Restrictions
Intellectual Property
Data Protection
Privacy
Confidentiality
Security
Support Services
Maintenance
Warranties
Representations
Liability
Indemnification
Force Majeure
Term and Termination
Suspension Rights
Service Credits
Audit Rights
Compliance
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Jurisdiction
Notice
Entire Agreement
Variation
Severability
Counterparts
Third Party Rights
Relevant Industries
Information Technology
Software Development
Cloud Services
Digital Media
Financial Services
Healthcare Technology
Educational Technology
Professional Services
E-commerce
Telecommunications
Media and Entertainment
Business Services
Consulting Services
Relevant Teams
Legal
Commercial
Sales
Procurement
Information Technology
Information Security
Compliance
Finance
Operations
Product Management
Risk Management
Business Development
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Chief Technology Officer
Head of Sales
Procurement Manager
Information Security Manager
Privacy Officer
Compliance Manager
Business Development Manager
Product Manager
Operations Director
Chief Financial Officer
IT Director
Risk Manager
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