The On Premise Software License Agreement is essential when a software vendor wishes to license their software product for installation and use on a customer's local infrastructure while maintaining intellectual property rights. This agreement, governed by U.S. law, establishes crucial terms including usage rights, restrictions, warranties, and support obligations. It's particularly important for organizations requiring local software deployment for security, compliance, or operational reasons, and differs from cloud-based software agreements in addressing local installation and maintenance requirements.
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1. Parties: Identifies the licensor and licensee with full legal names and addresses
2. Background: Explains 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 software license
5. License Restrictions: Details prohibited uses and activities related to the software
6. Intellectual Property Rights: Establishes ownership of IP and related rights
7. Payment Terms: Details license fees, payment schedule, and related terms
8. Term and Termination: Specifies duration and conditions for termination
9. Warranties and Disclaimers: States warranties provided and limitations
10. Limitation of Liability: Sets bounds on parties' liability
1. Professional Services: Details any implementation or support services when additional services are provided beyond the software license
2. Data Protection: Addresses data privacy and security requirements when software processes personal or sensitive data
3. Export Controls: Addresses export compliance requirements when software may be used internationally
4. Source Code Escrow: Terms for source code protection and release when source code access might be needed in specific circumstances
1. Software Description: Detailed description of licensed software and components
2. Technical Requirements: Hardware and system requirements for software operation
3. Service Level Agreement: Performance standards and support levels if applicable
4. Fee Schedule: Detailed breakdown of all applicable fees and charges
5. Acceptable Use Policy: Detailed terms of acceptable use of the software
6. Data Processing Agreement: Details of data processing terms if applicable
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Intellectual Property Rights
License
License Fee
License Term
Licensed Software
Maintenance and Support Services
Modifications
Operating Environment
Professional Services
Server
Software Updates
Source Code
Specifications
System Requirements
Technical Support
Territory
Third-Party Software
Updates
Upgrades
User Guide
Warranty Period
Work Product
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Intellectual Property Rights
License
License Fee
License Term
Licensed Software
Maintenance and Support Services
Modifications
Operating Environment
Professional Services
Server
Software Updates
Source Code
Specifications
System Requirements
Technical Support
Territory
Third-Party Software
Updates
Upgrades
User Guide
Warranty Period
Work Product
Clauses
License Grant
License Restrictions
Intellectual Property Rights
Software Delivery and Installation
Acceptance Testing
Payment Terms
Maintenance and Support
Warranties
Warranty Disclaimers
Limitation of Liability
Indemnification
Confidentiality
Term and Termination
Force Majeure
Assignment
Audit Rights
Export Controls
Data Protection
Security Requirements
Documentation
Training
Software Updates
Third-Party Software
Dispute Resolution
Governing Law
Notice
Insurance
Compliance with Laws
Entire Agreement
Severability
License Restrictions
Intellectual Property Rights
Software Delivery and Installation
Acceptance Testing
Payment Terms
Maintenance and Support
Warranties
Warranty Disclaimers
Limitation of Liability
Indemnification
Confidentiality
Term and Termination
Force Majeure
Assignment
Audit Rights
Export Controls
Data Protection
Security Requirements
Documentation
Training
Software Updates
Third-Party Software
Dispute Resolution
Governing Law
Notice
Insurance
Compliance with Laws
Entire Agreement
Severability
Relevant Industries
Relevant Teams
Relevant Roles
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