This One Time Software License agreement template is designed for use in Australian jurisdictions where a perpetual, non-recurring software license needs to be granted. It is particularly suitable for situations where software is being licensed for a one-off fee without ongoing subscription or maintenance obligations. The document incorporates all necessary elements required under Australian law, including consumer protection provisions, intellectual property rights, and data privacy considerations. It's structured to accommodate various software types and business contexts, while ensuring compliance with relevant legislation such as the Copyright Act 1968 and the Competition and Consumer Act 2010. The agreement should be used when a clear, legally binding framework is needed for granting software usage rights while protecting the licensor's intellectual property and defining the licensee's permitted use scope.
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1. Parties: Identifies and provides full details of the licensor and licensee
2. Background: Establishes context, describes the software, and outlines the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the nature, scope, and limitations of the software license being granted
5. License Fee: Details the one-time payment amount, payment terms, and any applicable taxes
6. Intellectual Property Rights: Confirms ownership of IP and protective measures
7. Use Restrictions: Specifies prohibited uses and restrictions on software modification or distribution
8. Warranties and Representations: States warranties provided and disclaimers, including compliance with Australian Consumer Law
9. Liability and Indemnification: Outlines liability limitations and indemnification obligations
10. Term and Termination: Specifies duration of license and grounds for termination
11. General Provisions: Includes standard clauses such as governing law, notices, and entire agreement
1. Installation and Acceptance: Include when specific installation procedures or acceptance testing is required
2. Maintenance and Support: Include if any maintenance or support services are offered with the license
3. Data Protection and Privacy: Include if the software processes personal data or requires specific privacy compliance
4. Source Code Escrow: Include if source code escrow arrangements are part of the agreement
5. Export Controls: Include if the software is subject to export regulations
6. Training: Include if training services are provided as part of the license
7. Security Requirements: Include if specific security standards or protocols must be maintained
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fee and Payment Terms: Detailed breakdown of fees, payment schedule, and payment methods
3. Schedule 3 - System Requirements: Technical requirements for operating the software
4. Schedule 4 - Acceptance Testing Criteria: Specific criteria and procedures for acceptance testing if applicable
5. Appendix A - Authorized Users: List of authorized users or user categories if license is restricted
6. Appendix B - Support and Maintenance Terms: Detailed support and maintenance terms if provided
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