Platform License Agreement Template for Australia

The Platform License Agreement is a critical commercial contract used when a software provider wishes to grant a customer the right to use their digital platform or software solution in Australia. This agreement type has become increasingly important with the growth of Software-as-a-Service (SaaS) and cloud-based solutions. It comprehensively addresses the legal and operational aspects of the platform licensing relationship, including usage rights, service levels, data handling, and compliance with Australian regulations. The document is essential for protecting both the platform provider's intellectual property and the customer's interests, while ensuring compliance with Australian privacy laws, consumer protection regulations, and electronic transactions legislation. It typically includes detailed technical specifications, service level commitments, and support arrangements, making it suitable for both straightforward platform deployments and complex enterprise implementations.

1. Parties: Identifies the licensor and licensee with full legal entity details

2. Background: Context of the agreement and brief description of the platform and intended use

3. Definitions: Defines key terms used throughout the agreement, including technical terminology specific to the platform

4. License Grant: Scope of the license, permitted uses, and any territorial or user limitations

5. Platform Access and Use: Terms governing access to and use of the platform, including user accounts and authentication

6. Fees and Payment: License fees, payment terms, invoicing, and consequences of non-payment

7. Platform Availability and Support: Service level commitments, maintenance windows, and support services

8. Customer Obligations: Customer's responsibilities, acceptable use policy, and compliance requirements

9. Intellectual Property Rights: IP ownership, protection of platform IP, and any customer IP provisions

10. Data Protection and Security: Data handling obligations, security requirements, and privacy compliance

11. Confidentiality: Protection of confidential information exchanged between parties

12. Warranties and Disclaimers: Platform warranties, performance guarantees, and limitation of warranties

13. Liability and Indemnification: Limitation of liability, exclusions, and mutual indemnification provisions

14. Term and Termination: Agreement duration, renewal terms, and termination rights

15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment