Software Distribution License Template for Australia

The Software Distribution License Agreement is a critical legal instrument used when a software company wishes to expand its market reach through third-party distributors in Australia. This agreement type is essential for software companies seeking to scale their distribution channels while maintaining control over their intellectual property and ensuring compliance with Australian legal requirements. The document addresses key aspects of the distribution relationship, including licensing terms, territorial rights, revenue sharing, technical support obligations, and compliance with Australian consumer law. It's particularly important for software companies entering the Australian market or expanding their presence through local distribution partners. The agreement must comply with Australian copyright law, privacy regulations, and consumer protection provisions, while also incorporating industry-standard protections for both licensor and distributor.

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

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

3. Definitions: Key terms used throughout the agreement, including technical terms, parties' roles, and specific software components

4. Grant of License: Scope of distribution rights, permitted uses, and any restrictions on the license

5. Distribution Rights and Obligations: Specific rights and responsibilities of the distributor, including promotion and sales requirements

6. Fees and Payment Terms: Pricing structure, payment schedule, and reporting requirements

7. Intellectual Property Rights: Ownership of IP, protection measures, and handling of infringement

8. Technical Requirements: Minimum technical standards, integration requirements, and quality control measures

9. Support and Maintenance: Support obligations, maintenance requirements, and service levels

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Representations: Warranties regarding software functionality, IP rights, and compliance with laws

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

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

14. Post-Termination Obligations: Obligations and rights of parties after agreement ends

15. General Provisions: Standard legal provisions including governing law, dispute resolution, and assignment