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Software Sales Agreement

Software Sales Agreement Template for Australia

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Key Requirements PROMPT example:

Software Sales Agreement

"I need a Software Sales Agreement for my cloud-based accounting software that will be sold to small businesses across Australia, with specific focus on data privacy compliance and monthly subscription pricing model."

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Document background
The Software Sales Agreement is a critical commercial contract used when a software vendor wishes to sell and license their software products to customers in Australia. This agreement serves as the primary legal framework governing the relationship between the software provider and the purchaser, incorporating essential elements required under Australian law. It should be used whenever a business is selling software products, whether standard off-the-shelf solutions or customized applications. The document covers crucial aspects including license grants, usage rights, payment terms, service levels, warranties, and support obligations, while ensuring compliance with Australian Consumer Law, Privacy Act requirements, and relevant state legislation. The agreement is particularly important for protecting intellectual property rights and establishing clear boundaries for software usage and implementation.
Suggested Sections

1. Parties: Identification of the parties to the agreement, including registered business names, ABNs, and addresses

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

3. Definitions: Key terms used throughout the agreement, including technical terms specific to the software

4. License Grant: Scope of software license, usage rights, and restrictions

5. Fees and Payment: Payment terms, pricing, invoicing, and payment methods

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

7. Support and Maintenance: Overview of support services, maintenance, and updates provided

8. Intellectual Property Rights: IP ownership, protection, and related warranties

9. Warranties and Representations: Software performance warranties, compliance with specifications, and legal warranties

10. Limitation of Liability: Liability caps, exclusions, and risk allocation between parties

11. Confidentiality: Protection of confidential information and trade secrets

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

13. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

1. Data Protection and Privacy: Specific section for software that handles personal data or requires compliance with privacy laws

2. Third-Party Software: Section addressing third-party components, open source software, and related obligations

3. Professional Services: For agreements including implementation, training, or consulting services

4. Service Level Agreement: For software with specific performance requirements or cloud-based solutions

5. Export Control: For software subject to international trade restrictions or export regulations

6. Disaster Recovery: For business-critical software requiring specific backup and recovery procedures

7. Security Requirements: For software handling sensitive data or requiring specific security protocols

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the software

2. License Fees: Detailed pricing structure, payment schedules, and any volume-based discounts

3. Support Services: Detailed description of support levels, response times, and escalation procedures

4. Service Level Agreement: Technical performance metrics, availability requirements, and remedies

5. Acceptance Testing: Testing procedures, acceptance criteria, and timeframes

6. Implementation Plan: Project timeline, milestones, and deliverables if implementation is included

7. Data Processing Terms: Detailed data handling procedures and compliance requirements

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
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Modifications
Personal Information
Professional Services
Representatives
Service Level Agreement
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Data
Warranty Period
Work Product
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Government

Energy and Utilities

Transportation and Logistics

Media and Entertainment

Relevant Teams

Legal

Sales

Information Technology

Procurement

Commercial

Risk and Compliance

Software Development

Operations

Business Development

Relevant Roles

Legal Counsel

Contract Manager

Sales Director

Account Executive

Software Developer

IT Manager

Procurement Manager

Commercial Director

Chief Technology Officer

Chief Information Officer

Compliance Officer

Risk Manager

Business Development Manager

Operations Manager

Industries
Competition and Consumer Act 2010 (Cth): Primary federal law governing consumer protection and fair trading in Australia, including Australian Consumer Law (ACL) which provides consumer guarantees for goods and services
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and government agencies, particularly relevant for software that may collect, store, or process user data
Copyright Act 1968 (Cth): Protects intellectual property rights in software and related documentation, including licensing terms and restrictions
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic transactions and validates electronic signatures, relevant for digital contract formation
Contract Law (Common Law): Australian contract law principles governing formation, terms, performance, and enforcement of contracts
Security of Critical Infrastructure Act 2018 (Cth): May be relevant if the software is used in critical infrastructure sectors, imposing additional security obligations
State Fair Trading Acts: State-specific consumer protection legislation that may apply depending on where the software is sold within Australia
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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