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Enterprise Software License

Enterprise Software License Template for New Zealand

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Key Requirements PROMPT example:

Enterprise Software License

"I need an Enterprise Software License Agreement for a cloud-based ERP system that will be deployed across our manufacturing facilities in New Zealand, with specific provisions for data security and integration with our existing systems, planned to go live by March 2025."

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Document background
The Enterprise Software License Agreement is a critical document used when a business seeks to acquire and implement significant software solutions within their organization. This agreement, governed by New Zealand law, establishes the legal framework for software usage, covering aspects from deployment rights to maintenance obligations. It's particularly important for large-scale software implementations where significant investment is involved and complex technical and commercial terms need to be clearly defined. The document incorporates requirements from New Zealand legislation including the Contract and Commercial Law Act 2017 and Privacy Act 2020, while addressing practical aspects of software deployment, support, and maintenance. It's designed to protect both the software provider's intellectual property rights and the customer's business interests in enterprise-level software implementations.
Suggested Sections

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

2. Background: Context of the agreement, brief description of the software, and the parties' intention to enter into a licensing arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

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

5. License Fees and Payment: Payment terms, fee structure, and payment schedules

6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination

7. Intellectual Property Rights: Protection of IP rights, ownership declarations, and restrictions on use

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Software performance guarantees, compliance warranties, and disclaimer of warranties

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

11. Support and Maintenance: Basic support terms and maintenance obligations

12. Audit Rights: Right to audit licensee's use of the software for compliance

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

Optional Sections

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

2. Service Level Agreement: Include for cloud-based software or when specific performance metrics are guaranteed

3. Data Protection: Include when the software processes personal data or when compliance with privacy laws is critical

4. Disaster Recovery: Include when business continuity and recovery procedures are crucial

5. Source Code Escrow: Include when source code access might be needed under specific circumstances

6. Export Control: Include when software is subject to international trade restrictions

7. Third-Party Software: Include when the solution incorporates third-party components

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

9. Development Services: Include when custom development or modifications are part of the agreement

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including modules and features

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

3. Schedule 3 - Technical Requirements: Hardware and software requirements for running the software

4. Schedule 4 - Support Services: Detailed support and maintenance terms, including SLAs if applicable

5. Schedule 5 - Authorized Users: Definition and number of authorized users or usage metrics

6. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software

7. Appendix B - Security Requirements: Security standards and requirements for software operation

8. Appendix C - Data Processing Terms: Terms governing the processing of data, if applicable

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
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customization
Documentation
Effective Date
Enterprise Software
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Modifications
Normal Business Hours
Personal Data
Professional Services
Renewal Term
Security Requirements
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Usage Data
User Acceptance Testing
User Interface
Version
Warranty Period
Work Product
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Insurance

Energy and Utilities

Transportation and Logistics

Construction

Mining and Resources

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Finance

Information Security

Risk Management

Operations

Digital Transformation

Vendor Management

Enterprise Architecture

Software Asset Management

Contract Management

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Software Licensing Manager

IT Project Manager

Information Security Manager

Chief Financial Officer

Technology Procurement Specialist

Vendor Management Director

Enterprise Architect

Solutions Architect

Commercial Contract Manager

IT Operations Manager

Chief Digital Officer

Software Asset Manager

Industries
Contract and Commercial Law Act 2017: Governs contract formation, enforcement, and electronic transactions in New Zealand. Particularly relevant for software licensing as it includes provisions about electronic transactions and digital signatures.
Fair Trading Act 1986: Regulates trade practices and prohibits misleading or deceptive conduct in business. Important for ensuring license terms are fair and clearly communicated.
Copyright Act 1994: Protects software as intellectual property and governs how copyright works can be licensed. Essential for software licensing agreements.
Privacy Act 2020: Regulates how personal information must be collected, used, stored and disclosed. Relevant for any data collection or processing aspects of the software.
Consumer Guarantees Act 1993: While primarily focused on consumer protection, may be relevant in B2B context for software quality guarantees and warranties.
Unfair Contract Terms Act provisions: Part of the Fair Trading Act amendments, ensures contract terms are fair and balanced, particularly in standard form contracts.
Patents Act 2013: May be relevant if the software contains patented technology or processes that need to be licensed.
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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