The Master Software Agreement serves as the primary contractual framework for software licensing and related services in Australia, designed to govern the ongoing relationship between software providers and their customers. This agreement is typically used when establishing a long-term software licensing relationship that may involve multiple products, services, or implementations over time. It encompasses essential elements such as license grants, intellectual property rights, service level commitments, support obligations, and compliance with Australian regulatory requirements. The agreement provides flexibility through its modular structure, allowing specific details to be captured in schedules while maintaining consistent core terms. It addresses key concerns in the Australian market, including data privacy, consumer protection, and security requirements, while providing mechanisms for scalability and future modifications to the commercial relationship.
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1. Parties: Identifies and provides details of the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the software license
5. Fees and Payment: Details the pricing structure, payment terms, and invoicing procedures
6. Intellectual Property Rights: Establishes ownership of IP and rights granted or retained
7. Confidentiality: Defines confidential information and obligations regarding its protection
8. Data Protection and Privacy: Addresses data handling, privacy compliance, and security requirements
9. Service Levels: Establishes performance standards and measurement criteria
10. Support and Maintenance: Details the ongoing support and maintenance services provided
11. Warranties and Representations: Sets out warranties provided and disclaimers
12. Liability and Indemnification: Defines liability limits and indemnification obligations
13. Term and Termination: Specifies agreement duration and termination provisions
14. General Provisions: Contains standard legal provisions including governing law, notices, and assignment
1. Professional Services: Include when implementation, customization, or consulting services are required
2. Hardware Requirements: Include when specific hardware is needed or provided with the software
3. Third-Party Software: Include when third-party software components are part of the solution
4. Disaster Recovery: Include for critical systems requiring specific disaster recovery provisions
5. Export Control: Include when software may be subject to export control regulations
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Change Control: Include when formal change management procedures are needed
8. Security Requirements: Include when specific security protocols or certifications are required
1. Schedule 1 - Software Description: Detailed description of the licensed software and components
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Support Services: Detailed support procedures, response times, and escalation processes
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Implementation Plan: Timeline and milestones for software implementation
6. Appendix A - Technical Requirements: Technical specifications and system requirements
7. Appendix B - Security Standards: Security protocols, standards, and compliance requirements
8. Appendix C - Authorized Users: Definition and categories of authorized users and access levels
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