This Proprietary Software License agreement is designed for use in Ireland and complies with both Irish and EU legislation. It should be used when a software owner (licensor) wishes to grant usage rights to their proprietary software while maintaining ownership and control. The agreement includes comprehensive terms covering license scope, fees, intellectual property rights, usage restrictions, warranties, and liabilities. It incorporates requirements from Irish legislation including the Copyright and Related Rights Act 2000, data protection regulations, and consumer protection laws where applicable. This document is particularly important for software companies operating in Ireland or licensing their software to Irish entities, as it provides legal protection while ensuring compliance with local jurisdiction requirements.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. License Fees: Payment terms, fee structure, and payment schedules
6. Intellectual Property Rights: Ownership of IP and protection of licensor's rights
7. Confidentiality: Protection of confidential information and trade secrets
8. Licensee Obligations: Responsibilities and restrictions on licensee's use of software
9. Warranties and Representations: Software performance guarantees and disclaimers
10. Limitation of Liability: Caps on liability and exclusions
11. Term and Termination: Duration, renewal, and termination provisions
12. Post-Termination: Obligations and rights after agreement ends
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Data Protection: Required if software processes personal data - GDPR compliance terms
2. Support and Maintenance: Include if ongoing support services are provided
3. Professional Services: Include if implementation or customization services are offered
4. Third-Party Components: Required if software includes third-party licensed components
5. Service Levels: Include if specific performance metrics are guaranteed
6. Security Requirements: Include for software with specific security obligations
7. Audit Rights: Include if licensor requires right to audit usage
8. Export Control: Required if software is subject to export regulations
9. Insurance: Include if specific insurance coverage is required
1. Schedule 1 - Software Description: Detailed description of licensed software and components
2. Schedule 2 - License Fees: Detailed pricing structure and payment terms
3. Schedule 3 - Technical Requirements: Hardware and software requirements for operation
4. Schedule 4 - Support Services: Description of support and maintenance services if included
5. Schedule 5 - Service Levels: Detailed performance metrics and remedies if applicable
6. Schedule 6 - Approved Users: List of authorized users or user categories if restricted
7. Appendix A - Acceptable Use Policy: Detailed terms of acceptable software use
8. Appendix B - Security Requirements: Detailed security protocols and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Media and Entertainment
Government and Public Sector
Energy and Utilities
Transportation and Logistics
Construction
Legal Services
Biotechnology
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Operations
Risk Management
Information Security
Vendor Management
Commercial
Software Asset Management
Contract Management
Business Development
Digital Transformation
Relevant Roles
Chief Technology Officer
IT Director
Software License Manager
Procurement Manager
Legal Counsel
Compliance Officer
Software Asset Manager
Contract Manager
Chief Information Officer
IT Security Manager
Risk Manager
Operations Director
Chief Legal Officer
Business Development Manager
Commercial Director
Chief Financial Officer
IT Procurement Specialist
Vendor Management Officer
Digital Transformation Manager
Technology Compliance Manager
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