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On Premise Software License Agreement

On Premise Software License Agreement Template for Australia

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Key Requirements PROMPT example:

On Premise Software License Agreement

"I need an On-Premise Software License Agreement for enterprise accounting software to be deployed across our Australian mining company's operations, with strict data protection clauses and support for up to 5,000 users, planned for implementation in March 2025."

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Document background
This On-Premise Software License Agreement is designed for use in the Australian market when a software provider (licensor) grants a license to a customer (licensee) to use software on the customer's own infrastructure. The agreement is essential for any business providing or acquiring software that will be installed and operated on-premise rather than through cloud-based services. It includes comprehensive terms covering license scope, fees, installation, maintenance, support, warranties, and compliance with Australian legislation. The document addresses key considerations under Australian law, including consumer protection, intellectual property rights, and privacy requirements. This agreement type is particularly relevant when data sovereignty, security requirements, or business preferences necessitate on-premise software deployment rather than cloud-based solutions.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names and addresses

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Scope of the license, including usage rights, restrictions, and territory limitations

5. License Fees: Payment terms, fee structure, and payment schedule

6. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance criteria

7. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Software warranties, performance guarantees, and compliance warranties

10. Support and Maintenance: Terms of technical support, updates, and maintenance services

11. Term and Termination: Duration of the agreement, renewal terms, and termination rights

12. Limitation of Liability: Limits on liability and exclusions of certain types of damages

13. General Provisions: Standard legal provisions including governing law, notices, and assignment rights

Optional Sections

1. Third-Party Software: Include when the software incorporates third-party components, detailing additional terms and restrictions

2. Data Protection: Include when the software processes personal data, addressing privacy laws and data security requirements

3. Export Controls: Include when the software may be subject to export control regulations

4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

5. Professional Services: Include when additional implementation or consulting services are provided

6. Service Level Agreement: Include when specific performance levels need to be guaranteed

7. Audit Rights: Include when the licensor requires rights to audit licensee's use of the software

8. Insurance: Include when specific insurance coverage is required from either party

Suggested Schedules

1. Schedule A - Licensed Software: Detailed description of the licensed software, including versions and components

2. Schedule B - Technical Requirements: Hardware and software requirements for operating the licensed software

3. Schedule C - Fee Schedule: Detailed breakdown of license fees, payment terms, and any additional charges

4. Schedule D - Support Services: Detailed description of support and maintenance services, including service levels

5. Schedule E - Acceptance Testing: Acceptance testing procedures and criteria

6. Appendix 1 - Authorized Users: Definition and limitations of authorized users and usage parameters

7. Appendix 2 - Security Requirements: Security standards and requirements for software implementation

8. Appendix 3 - Data Processing Terms: Specific terms relating to data processing and privacy compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
On-Premise
Operating Environment
Patch
Personnel
Professional Services
Response Time
Server
Service Level Agreement
Software
Source Code
Specifications
Support Hours
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Manual
Virus
Warranty Period
Work Product
Clauses
License Grant
Payment
Delivery and Installation
Acceptance Testing
Usage Rights and Restrictions
Intellectual Property
Technical Support
Maintenance Services
Professional Services
Service Levels
Warranties
Representations
Confidentiality
Data Protection
Privacy
Security Requirements
Documentation
Training
Audit Rights
Performance Standards
Third-Party Software
Export Control
Source Code
Term and Duration
Termination
Force Majeure
Liability
Indemnification
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Variation
Entire Agreement
Severability
Waiver
Survival
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Energy and Utilities

Transportation and Logistics

Mining and Resources

Relevant Teams

Legal

Information Technology

Procurement

Finance

Risk and Compliance

Information Security

Vendor Management

Operations

Enterprise Architecture

Software Asset Management

Relevant Roles

Chief Information Officer

IT Director

Software Licensing Manager

Procurement Manager

Legal Counsel

Contract Manager

Chief Technology Officer

IT Security Manager

Risk and Compliance Manager

Software Asset Manager

Vendor Management Officer

Chief Financial Officer

Operations Director

Enterprise Architect

Industries
Copyright Act 1968 (Cth): Governs the protection of software as intellectual property, including rights of reproduction, modification, and distribution
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law which provides consumer guarantees and protections that cannot be contracted out of, including provisions about unfair contract terms
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and requires compliance with the Australian Privacy Principles
Electronic Transactions Act 1999 (Cth): Provides the legal framework for electronic transactions and digital signatures in Australia
Contract Law (Common Law): Covers fundamental principles of contract formation, enforcement, and interpretation under Australian common law
Patents Act 1990 (Cth): May be relevant if the software contains patentable innovations or processes that need protection
Security of Critical Infrastructure Act 2018 (Cth): May be relevant if the software is used in critical infrastructure sectors or handles sensitive data
Trade Practices Amendment (Australian Consumer Law) Act 2010: Provides specific protections regarding warranties, guarantees, and fitness for purpose that may apply to software products
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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