White Label Software License Agreement Template for Australia

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Key Requirements PROMPT example:

White Label Software License Agreement

"I need a White Label Software License Agreement for my fintech company to license our payment processing software to banks in Australia, with specific provisions for data security compliance and the ability for banks to rebrand the solution completely under their own name."

Document background
A White Label Software License Agreement is essential when a business wants to offer software solutions under its own brand without developing the software internally. This agreement, governed by Australian law, establishes the legal framework for such arrangements, defining the rights and obligations of both the software provider and the white label partner. It includes critical provisions for software licensing, rebranding rights, technical support, service levels, and compliance with Australian regulations. The document is particularly important in today's digital economy where businesses seek to expand their service offerings quickly without significant development costs. The agreement covers intellectual property rights, data protection, maintenance obligations, fee structures, and termination provisions, ensuring both parties have a clear understanding of their roles and responsibilities. It's designed to comply with Australian legislation including the Copyright Act 1968, Privacy Act 1988, and Competition and Consumer Act 2010, while protecting the interests of both the original software provider and the white label partner.
Suggested Sections

1. Parties: Identification of the software provider (licensor) and white label partner (licensee)

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

3. Definitions: Detailed definitions of technical terms, parties, and key concepts used throughout the agreement

4. Grant of License: Scope of the license, including white labeling rights, territory, and any restrictions

5. Intellectual Property Rights: Ownership of IP, including original software, modifications, and white-labeled elements

6. White Labeling Rights and Obligations: Specific terms regarding rebranding, marketing, and presentation of the software

7. Fees and Payment Terms: License fees, payment schedule, and any revenue sharing arrangements

8. Technical Support and Maintenance: Support obligations, maintenance services, and update provisions

9. Service Levels: Performance standards, availability requirements, and response times

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Obligations regarding data handling, privacy laws compliance, and security measures

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

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

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

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

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

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangement, used when source code access might be needed in specific circumstances

2. Professional Services: Additional services such as customization, integration, or training, if offered

3. End User Terms: Mandatory terms for end-user license agreements, if the white label partner will be creating their own EULA

4. Marketing and Promotion: Specific requirements for marketing the white-labeled software, if there are particular branding guidelines

5. Territory Restrictions: Detailed territory or market segment restrictions, if applicable

6. Compliance with Industry Standards: Specific compliance requirements for regulated industries

7. Disaster Recovery: Disaster recovery and business continuity provisions, if critical to the customer

8. Security Requirements: Specific security standards and certifications, if required for sensitive applications

9. Third-Party Software: Terms relating to incorporated third-party software components, if any

Suggested Schedules

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

2. Schedule 2 - Service Levels: Detailed service level agreements including metrics and penalties

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and revenue sharing calculations

4. Schedule 4 - Support Services: Detailed description of support and maintenance services

5. Schedule 5 - Security Requirements: Technical security requirements and standards

6. Appendix A - Branding Guidelines: Specifications for white labeling and branding requirements

7. Appendix B - Technical Integration Guide: Technical documentation for software integration

8. Appendix C - Approved Territories: List of approved territories or market segments

9. Appendix D - Required End-User Terms: Mandatory terms to be included in end-user agreements

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Professional Services

Telecommunications

Education

E-commerce

Marketing and Advertising

Business Process Outsourcing

Consulting

Insurance

Banking

Real Estate

Manufacturing

Relevant Teams

Legal

Information Technology

Product Development

Commercial

Procurement

Business Development

Compliance

Operations

Software Development

Technical Support

Partner Relations

Executive Leadership

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

Commercial Director

Head of Product

Chief Information Officer

Procurement Manager

IT Director

Business Development Manager

Contract Manager

Software Development Manager

Chief Executive Officer

Chief Operating Officer

Partnership Manager

Compliance Officer

Technical Operations Manager

Industries
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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