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Third Party Software License Agreement

Third Party Software License Agreement Template for Nigeria

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Key Requirements PROMPT example:

Third Party Software License Agreement

"I need a Third Party Software License Agreement for licensing our healthcare management software through a Nigerian distributor to hospitals, with specific provisions for patient data protection and compliance with both healthcare regulations and NDPR 2019."

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Document background
The Third Party Software License Agreement is essential when software is licensed through an intermediary rather than directly from the original software owner to the end user. This document is particularly important in the Nigerian market where software distribution often involves local resellers or implementation partners. The agreement must comply with Nigerian legislation, including the Copyright Act, Cybercrimes Act 2015, and NDPR 2019, while addressing the complexities of a three-party software licensing arrangement. It covers critical aspects such as license scope, usage rights, liability allocation between parties, payment terms, support obligations, and data protection requirements. This type of agreement is commonly used when international software companies enter the Nigerian market through local partners or when Nigerian software companies utilize third-party components in their solutions.
Suggested Sections

1. Parties: Identification of the licensor, licensee, and any third-party software provider

2. Background: Context of the agreement, relationship between parties, and brief description of the software

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

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

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

6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims

7. Confidentiality: Protection of confidential information, obligations, and exclusions

8. Data Protection and Privacy: Compliance with NDPR 2019, data handling obligations, and privacy requirements

9. Warranties and Representations: Software performance warranties, authority to license, and compliance warranties

10. Limitation of Liability: Caps on liability, exclusions, and indemnification provisions

11. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations

12. Support and Maintenance: Service levels, maintenance schedules, and technical support provisions

13. Audit Rights: Right to audit usage, compliance verification procedures

14. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are part of the agreement

2. Hardware Requirements: Include when specific hardware is required for software operation

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

4. Third Party Components: Include when the software incorporates third-party components requiring separate terms

5. Export Control: Include when software is subject to international distribution

6. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical

7. Security Requirements: Include when specific security protocols or certifications are required

8. Custom Development: Include when custom modifications or developments are part of the license

Suggested Schedules

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

2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing models

3. Schedule 3 - Service Level Agreement: Performance metrics, support levels, and response times

4. Schedule 4 - Technical Requirements: System requirements, compatible platforms, and technical specifications

5. Schedule 5 - Implementation Plan: Timeline and milestones for software implementation if applicable

6. Appendix A - Authorized Users: Definition and categories of authorized users and access levels

7. Appendix B - Security Standards: Required security protocols, standards, and compliance requirements

8. Appendix C - Support Procedures: Detailed procedures for accessing and utilizing support services

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 Tests
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
End User
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Original Licensor
Patch
Personal Data
Professional Services
Renewal Term
Security Breach
Service Levels
Software Modifications
Source Code
Specifications
Sub-License
Support Services
System Requirements
Term
Territory
Third Party Components
Third Party Licensor
Update
Upgrade
User Data
Virus
Warranty Period
Work Product
Clauses
License Grant
Sub-licensing Rights
Intellectual Property
Payment
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Term and Termination
Support and Maintenance
Professional Services
Audit Rights
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Compliance with Laws
Export Control
Anti-Corruption
Security Requirements
Service Levels
Implementation
Acceptance Testing
Training
Documentation
Business Continuity
Source Code Escrow
Performance Standards
Usage Restrictions
Territory Restrictions
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Telecommunications

Professional Services

Government and Public Sector

Energy and Utilities

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Vendor Management

Software Asset Management

Solutions Architecture

Operations

Finance

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

Compliance Officer

Information Security Manager

Chief Information Officer

Contract Manager

Business Development Manager

Software Asset Manager

Technology Risk Manager

Vendor Management Officer

Chief Legal Officer

Solutions Architect

Industries
Nigerian Copyright Act (Cap C28, Laws of the Federation of Nigeria, 2004): Governs intellectual property rights, including protection of computer software and programs as literary works. Essential for defining license scope and rights transfer.
Cybercrimes (Prohibition, Prevention, etc.) Act 2015: Provides legal framework for prevention of cybercrimes and protection of critical national information infrastructure. Relevant for security obligations and unauthorized access provisions.
Nigeria Data Protection Regulation (NDPR) 2019: Regulates the collection and processing of personal data. Important for software that may collect, store, or process user data.
Nigerian Communications Act 2003: Regulates electronic communications and telecommunications. Relevant for software that uses communication networks or provides communication services.
Contract Law (Nigerian Common Law and Contract Act): Provides the fundamental principles of contract formation, including offer, acceptance, consideration, and capacity to contract.
Consumer Protection Act 1992: Protects consumer rights and interests. Relevant for software licensed to individual consumers or end-users.
Evidence Act 2011: Particularly Section 84 which deals with admissibility of electronic evidence. Important for electronic/digital agreements and licenses.
National Information Technology Development Act 2007: Provides framework for IT development and regulation in Nigeria. Relevant for software standards and compliance requirements.
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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