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Software Usage Agreement

Software Usage Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Software Usage Agreement

"I need a Software Usage Agreement for my enterprise-level cloud analytics software that will be licensed to financial institutions in Hong Kong, with specific provisions for data security, regulatory compliance, and service level commitments starting from March 2025."

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Document background
The Software Usage Agreement serves as a crucial legal instrument for software providers and users operating under Hong Kong jurisdiction. This document is essential when granting rights to use proprietary software, whether in a business-to-business or business-to-consumer context. It encompasses critical aspects such as license scope, usage restrictions, intellectual property rights, data protection, and compliance with Hong Kong's legal framework. The agreement is particularly relevant in today's digital economy, where software deployment must align with local regulations, including the Personal Data (Privacy) Ordinance and Electronic Transactions Ordinance. This Software Usage Agreement should be customized based on factors such as the type of software, intended use, user category, and specific industry requirements while maintaining compliance with Hong Kong law.
Suggested Sections

1. Parties: Identification of the software provider and the user/licensee

2. Background: Context of the agreement and brief description of the software

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope of the software license, usage rights, and restrictions

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

6. User Obligations: User responsibilities, acceptable use policy, and usage restrictions

7. Intellectual Property Rights: Declaration of IP ownership and protection measures

8. Term and Termination: Duration of the agreement and termination conditions

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Disclaimers: Software performance warranties and limitation of warranties

11. Limitation of Liability: Scope of liability limitations and exclusions

12. Governing Law and Jurisdiction: Application of Hong Kong law and jurisdiction

Optional Sections

1. Data Protection and Privacy: Required when the software processes personal data, ensuring compliance with PDPO

2. Service Level Agreement: Include for enterprise software with specific performance requirements

3. Professional Services: Add when implementation, training, or consulting services are provided

4. Third-Party Components: Required when the software incorporates third-party licensed components

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

6. Audit Rights: Add for enterprise licenses requiring usage monitoring and compliance verification

7. Insurance: Include for high-value enterprise agreements requiring specific insurance coverage

8. Source Code Escrow: Optional for critical enterprise software requiring source code protection

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, features, and functionality

2. Schedule 2 - Technical Requirements: Hardware, software, and network requirements for operation

3. Schedule 3 - Service Levels: Performance metrics, support hours, and response times

4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees and payment terms

5. Schedule 5 - Support Services: Description of support and maintenance services

6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable software usage

7. Appendix B - Data Processing Agreement: Terms for personal data processing if applicable

8. Appendix C - Security Requirements: Security protocols and requirements for software usage

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
Relevant legal definitions

































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

Retail

Manufacturing

Education

Professional Services

E-commerce

Telecommunications

Media and Entertainment

Government and Public Sector

Insurance

Banking

Logistics

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Information Security

Software Development

Vendor Management

Contract Management

Technical Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Software License Manager

Compliance Officer

Information Security Manager

Risk Manager

Contract Administrator

Technology Procurement Specialist

IT Asset Manager

Chief Information Officer

Legal Operations Manager

Software Development Manager

Chief Legal Officer

IT Procurement Specialist

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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