The Master License Agreement is designed for use when a software provider needs to establish a long-term licensing relationship with a customer under Irish law. It serves as the foundation for all software licensing activities between the parties, typically used in business-to-business contexts where ongoing software access and usage needs to be governed. The agreement addresses key aspects required under Irish and EU law, including data protection, consumer rights, and competition law compliance. It allows for the addition of specific products, services, or terms through schedules while maintaining a consistent legal framework. This type of agreement is particularly important when multiple software products or modules may be licensed over time, as it provides a uniform set of terms that apply across all licensing transactions between the parties.
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1. Parties: Identifies and provides details of the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. License Grant: Specifies the scope, nature, and limitations of the license granted
5. License Restrictions: Details prohibited activities and usage limitations
6. Intellectual Property Rights: Addresses ownership and protection of IP rights
7. Fees and Payment: Details license fees, payment terms, and related obligations
8. Term and Termination: Specifies duration, renewal, and termination provisions
9. Confidentiality: Governs the handling and protection of confidential information
10. Data Protection: Addresses GDPR compliance and data processing obligations
11. Warranties and Representations: Sets out warranties provided and disclaimers
12. Limitation of Liability: Defines liability caps and exclusions
13. Indemnification: Specifies indemnification obligations of both parties
14. Force Majeure: Addresses circumstances beyond parties' reasonable control
15. General Provisions: Contains standard boilerplate clauses including governing law
1. Service Levels: Include when specific performance metrics and service levels need to be maintained
2. Professional Services: Include when implementation, training, or consulting services are part of the agreement
3. Security Requirements: Include when specific security standards or certifications must be maintained
4. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
5. Audit Rights: Include when the licensor needs rights to audit licensee's use of the software
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Export Control: Include when the software is subject to export control regulations
8. Insurance: Include when specific insurance coverage requirements apply
9. Competition Law Compliance: Include when the agreement needs specific provisions to ensure competition law compliance
1. Schedule 1 - Licensed Software: Detailed description of the licensed software and components
2. Schedule 2 - Technical Specifications: Technical requirements and specifications of the software
3. Schedule 3 - Service Levels: Detailed service level commitments and metrics
4. Schedule 4 - Support and Maintenance: Support and maintenance terms and procedures
5. Schedule 5 - Fees: Detailed fee structure and payment terms
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details
7. Schedule 7 - Security Requirements: Detailed security standards and requirements
8. Appendix A - Authorized Users: Definition and specifications of authorized users
9. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria
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