This Single User License Agreement template is designed for use in New Zealand jurisdictions where software providers or digital product owners need to license their products to individual users. The document is particularly relevant in situations requiring clear definition of usage rights, restrictions, and obligations under New Zealand law. It incorporates essential elements required by the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020, while addressing specific intellectual property protections and usage limitations. The agreement is structured to protect the licensor's interests while ensuring fairness and transparency for the end user, making it suitable for both business-to-consumer and business-to-business scenarios where single-user access is required. It includes provisions for term, termination, warranties, and support services, adaptable to various software products and digital services.
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1. Parties: Identifies and defines the Licensor and Licensee with full legal names and addresses
2. Background: Establishes context, describes the software/product being licensed, and outlines the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including Software, License, Intellectual Property Rights, etc.
4. License Grant: Specifies the scope, nature, and limitations of the license being granted to the user
5. License Restrictions: Details specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Confirms ownership of IP rights and protects licensor's intellectual property
7. Payment Terms: Specifies license fees, payment schedule, and any recurring charges
8. Term and Termination: Defines the duration of the license and circumstances for termination
9. Warranties and Disclaimers: Outlines warranties provided and limitations of liability
10. Confidentiality: Establishes obligations regarding confidential information
11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Support and Maintenance: Include when technical support or maintenance services are offered with the license
2. Data Processing: Required when the software processes personal data, ensuring compliance with Privacy Act 2020
3. Export Controls: Include for software subject to international distribution restrictions
4. Third-Party Software: Necessary when the licensed software incorporates third-party components
5. Service Level Agreement: Include when specific performance levels or uptime guarantees are provided
6. Audit Rights: Add when licensor requires right to audit licensee's use of the software
1. Schedule 1 - Software Description: Detailed technical specifications and description of the licensed software
2. Schedule 2 - License Fees: Breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software use
4. Schedule 4 - Support Services: Details of any support services included with the license
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
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