The On Premise Software License Agreement is essential for organizations deploying software within their own infrastructure in Canada. This document is used when a software vendor grants a license to a customer to install and use software on the customer's own servers or computers, rather than accessing it through the cloud. It addresses critical aspects such as installation requirements, user limitations, maintenance provisions, and compliance with Canadian federal and provincial regulations. The agreement is particularly important for organizations requiring control over their software environment, handling sensitive data, or needing to meet specific regulatory requirements. It includes detailed terms for software usage, support services, intellectual property protection, and privacy compliance, making it suitable for both small-scale deployments and enterprise-wide implementations.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including permitted uses, restrictions, and territory
5. License Fees: Payment terms, fee structure, and payment schedule
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. Usage Restrictions: Specific limitations on use, including user numbers, locations, and prohibited activities
8. Intellectual Property Rights: Protection of IP rights, ownership declarations, and infringement procedures
9. Confidentiality: Protection of confidential information and trade secrets
10. Warranties: Software performance warranties and disclaimers
11. Support and Maintenance: Terms for technical support and software updates
12. Term and Termination: Duration of the agreement and termination provisions
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection and Privacy: Required if the software processes personal information, ensuring PIPEDA compliance
2. Disaster Recovery: Optional section for critical software implementations requiring backup and recovery procedures
3. Service Levels: Optional for agreements where specific performance metrics are required
4. Security Requirements: Detailed security obligations, recommended for software handling sensitive data
5. Audit Rights: Optional section for licenses requiring usage monitoring and compliance verification
6. Source Code Escrow: Optional for mission-critical software where source code access might be required
7. Training: Optional section detailing training provisions for complex software implementations
8. Migration Assistance: Optional section covering data migration and transition services
1. Schedule A - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule B - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule D - Support Services: Detailed support and maintenance terms, including SLAs if applicable
5. Schedule E - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Appendix 1 - Installation Guidelines: Step-by-step installation and configuration procedures
7. Appendix 2 - Security Standards: Required security measures and compliance standards
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Insurance
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Finance
Vendor Management
Technical Operations
Infrastructure
Software Asset Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
IT Security Manager
Compliance Officer
Contract Manager
Enterprise Architect
IT Operations Manager
Risk Manager
Technical Project Manager
Chief Information Officer
Software Asset Manager
Legal Operations Manager
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