This Computer License agreement is designed for use in Ireland and incorporates requirements from both Irish law and EU regulations. It serves as a legally binding document between software providers and users, whether business or consumer, establishing the terms under which software can be used, distributed, or accessed. The agreement includes essential provisions for data protection compliance under the Irish Data Protection Act 2018 (implementing GDPR), consumer protection under Irish law, and intellectual property rights under the Copyright and Related Rights Act 2000. It's particularly relevant for software deployments in Ireland, whether for installed software or cloud-based solutions, and includes specific provisions for electronic contracting under the Electronic Commerce Act 2000.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including territory and duration
5. License Restrictions: Specific prohibited actions and limitations on use of the software
6. Intellectual Property Rights: Assertion and protection of IP rights in the software
7. Payment Terms: License fees, payment schedule, and related financial terms
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection: GDPR compliance and data handling requirements
10. Warranties and Disclaimers: Software performance warranties and limitation of warranties
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Installation and Implementation: Use when software requires specific installation procedures or implementation services
2. Maintenance and Support: Include when ongoing support and maintenance services are provided
3. Service Levels: Add for software with specific performance guarantees or uptime commitments
4. Security Requirements: Include for software handling sensitive data or requiring specific security measures
5. Third-Party Software: Use when the software incorporates third-party components or dependencies
6. Export Controls: Include for software subject to international trade restrictions
7. Training: Add when training services are provided as part of the license
8. Disaster Recovery: Include for business-critical software requiring backup and recovery procedures
9. Source Code Escrow: Add for enterprise software where source code access might be required in specific circumstances
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Service Level Agreement: Detailed performance metrics and service levels if applicable
4. Schedule 4 - Support Services: Description of support and maintenance services if provided
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
6. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications
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