The Proprietary Licence Software agreement is essential for any business looking to license its software products while maintaining full ownership and control. This document, governed by English and Welsh law, establishes clear boundaries for software usage, protects intellectual property rights, and defines commercial terms. It's particularly crucial in today's digital economy where software licensing forms a significant portion of technology transactions. The agreement includes provisions for usage scope, fees, maintenance, support, and compliance with UK data protection regulations.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, etc.
4. Grant of Licence: Scope and nature of the licence, including usage rights and restrictions
5. Licence Fees: Payment terms, amounts, and schedule
6. Intellectual Property Rights: Ownership and protection of IP rights
7. Confidentiality: Protection of confidential information and trade secrets
8. Term and Termination: Duration of agreement and termination provisions
9. Warranties and Limitations: Software warranties and limitation of liability
1. Support and Maintenance: Terms for ongoing support services - include when ongoing support is part of the agreement
2. Data Protection: GDPR and data protection compliance provisions - include when personal data processing is involved
3. Source Code Escrow: Terms for source code protection and release - include for business-critical software implementations
4. Service Levels: Performance standards and metrics - include for software as a service arrangements
1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software
2. Schedule 2 - Licence Fees: Detailed breakdown of pricing and payment terms
3. Schedule 3 - Support Services: Details of support and maintenance services if applicable
4. Schedule 4 - Service Level Agreement: Detailed performance metrics and remedies
5. Appendix A - Acceptable Use Policy: Rules and restrictions for software usage
6. Appendix B - Data Processing Agreement: Detailed data protection obligations if applicable
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