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Software Usage Agreement

Software Usage Agreement Template for New Zealand

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Key Requirements PROMPT example:

Software Usage Agreement

"I need a Software Usage Agreement for our enterprise SaaS platform that will launch in March 2025, with strong emphasis on data protection and GDPR compliance, specifically for use with New Zealand-based financial institutions."

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Document background
The Software Usage Agreement serves as the primary legal framework governing the relationship between software providers and users in New Zealand. This document is essential when deploying software solutions, whether for individual users, businesses, or enterprise customers. It incorporates requirements from key New Zealand legislation, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Consumer Guarantees Act 1993. The agreement typically covers licensing terms, usage rights, data protection, service levels, support provisions, and compliance requirements. It's designed to protect both the intellectual property rights of the software provider and the interests of users while ensuring clear guidelines for software deployment and usage.
Suggested Sections

1. Parties: Identification of the software provider/licensor and the user/licensee

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

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

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

5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

6. User Obligations: User responsibilities, acceptable use policies, and compliance requirements

7. Fees and Payment: License fees, payment terms, and billing procedures

8. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use

9. Data Protection and Privacy: Compliance with Privacy Act 2020, data handling procedures, and privacy obligations

10. Warranties and Disclaimers: Software warranties, service levels, and limitation of warranties

11. Limitation of Liability: Liability caps, exclusions, and indemnification provisions

12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Service Level Agreement: Detailed service levels and performance metrics - include for software provided as a service

2. Professional Services: Terms for additional services like implementation, training, or customization - include if professional services are offered

3. Third-Party Components: Terms relating to third-party software or integrations - include if the software incorporates third-party elements

4. Data Processing Agreement: Detailed data processing terms - include if processing personal data as a processor

5. Security Requirements: Specific security standards and compliance requirements - include for enterprise or sensitive data applications

6. High Availability and Disaster Recovery: Terms for system availability and recovery procedures - include for business-critical applications

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, features, and technical specifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, pricing tiers, and payment terms

3. Schedule 3 - Service Levels: Technical service level specifications, metrics, and remedies

4. Schedule 4 - Support Services: Description of support services, response times, and escalation procedures

5. Schedule 5 - Acceptable Use Policy: Detailed acceptable use terms and prohibited activities

6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications

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 Industries

Information Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Government

Telecommunications

Media and Entertainment

E-commerce

Software Development

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Vendor Management

Software Asset Management

Contract Administration

Privacy and Data Protection

Relevant Roles

Chief Technology Officer

IT Manager

Legal Counsel

Procurement Manager

Software License Administrator

Compliance Officer

Information Security Manager

Privacy Officer

Contract Manager

Software Asset Manager

IT Director

Chief Information Officer

Risk Manager

Technology Procurement Specialist

Industries
Contract and Commercial Law Act 2017: Governs electronic transactions, contract formation, and enforceability of electronic agreements in New Zealand. Particularly relevant for software agreements as they are typically formed electronically.
Consumer Guarantees Act 1993: Provides statutory guarantees for goods and services, including software products, ensuring they are fit for purpose and of acceptable quality.
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade, relevant for software feature descriptions, warranties, and representations about the software's capabilities.
Privacy Act 2020: Regulates how personal information is collected, used, stored, and disclosed. Essential for software that collects or processes user data.
Copyright Act 1994: Protects intellectual property rights in software, including code, user interface, and associated materials. Defines terms for software licensing and usage rights.
Harmful Digital Communications Act 2015: Relevant for acceptable use terms in software agreements, particularly for software with communication or content-sharing capabilities.
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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