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Proprietary Software License

Proprietary Software License Template for Hong Kong

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Key Requirements PROMPT example:

Proprietary Software License

"I need a Proprietary Software License Agreement for licensing our AI-powered analytics software to financial institutions in Hong Kong, with specific provisions for data security and source code protection."

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The Proprietary Software License Agreement is essential for any software company or developer looking to license their software products while maintaining control over their intellectual property rights. This document is commonly used in Hong Kong's thriving technology sector and is structured to comply with Hong Kong's legal framework, including its copyright laws, data protection regulations, and competition ordinances. The agreement typically covers critical aspects such as license scope, usage restrictions, maintenance terms, and liability limitations. It's particularly important for businesses engaging in software distribution or implementation within Hong Kong's jurisdiction, whether as local entities or international companies operating in the region. The document should be customized based on the specific software being licensed, the intended use, and the particular requirements of both licensor and licensee while ensuring compliance with Hong Kong's legal requirements.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, brief description 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, including usage rights and restrictions

5. License Fees and Payment Terms: Pricing, payment schedule, and related financial terms

6. Intellectual Property Rights: Assertion and protection of licensor's IP rights and licensee's obligations

7. Confidentiality: Protection of confidential information and trade secrets

8. Warranties and Representations: Licensor's warranties regarding software functionality and IP ownership

9. Limitation of Liability: Limits on licensor's liability consistent with Hong Kong law

10. Term and Termination: Duration of license and circumstances for termination

11. Post-Termination Obligations: Actions required after agreement termination

12. General Provisions: Standard clauses including governing law, notices, and entire agreement

Optional Sections

1. Professional Services: Include when installation, training, or customization services are provided

2. Service Level Agreement: Include for software that requires ongoing support or maintenance

3. Data Protection: Include when software processes personal data subject to privacy regulations

4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

5. Export Control: Include when software is subject to international export restrictions

6. Third-Party Software: Include when software incorporates third-party components

7. Audit Rights: Include when licensor requires right to audit licensee's usage

8. Geographic Restrictions: Include when license is restricted to specific territories

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing tiers

3. Schedule 3 - Technical Requirements: Hardware and software requirements for operating the licensed software

4. Schedule 4 - Support Services: Details of maintenance and support services if included

5. Schedule 5 - Service Levels: Performance metrics and service levels if applicable

6. Appendix A - Authorized Users: List of authorized users or user categories if license is restricted

7. Appendix B - Approved Locations: List of approved locations for software installation and use

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Retail

Banking

Insurance

Logistics

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Software Development

Commercial

Risk Management

Information Security

Vendor Management

Business Development

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Software Licensing Manager

Procurement Manager

Compliance Officer

Contract Manager

Information Security Officer

Software Development Manager

Business Development Manager

Commercial Director

Chief Information Officer

Vendor Management Officer

Risk Management Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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