Comprehensive NSW software licence agreement between dealer and end-user

About this document:

This non-exclusive Software Licence Agreement (sometimes known as an End User Licence Agreement or "EULA") is suitable for bespoke software of any kind. It grants the user a non-exclusive licence to use the software for a specified period of time in accordance with the terms of this licence. It also governs the relationship between the software dealer, who is an agent for the owner of the software, licensee or end-user.

It is most suitable for dealers, agents and owners who will use it as the terms and conditions for such a transaction.  However, as a user this document will provide a useful starting point for negotiation as it will enable the user to grasp a clear understanding of what should be included in their license agreement.

This document is applicable only in New South Wales and has been drawn under both Commonwealth Copyright laws, the Trade Practices Act, 1974 (Cth) and relevant NSW legislation.

Application and features

• Very flexible to suit the requirements of the parties;
• Includes all legal paragraphs and practical, sensible provisions to ensure a smooth transaction.
• Written in plain English; 

Contents

• Definitions
• Background
• Software licence, including how the software will be used
• System Material: risk passes to user on delivery, user is not permitted access to source code, updates and refinements by Owner.
• Training: Owner shall train User’s staff if requested
• Method of Use: only as agreed in the licence – to amendments or refinements by User
• Rights in the system and their protection: belong to the Owner
• Infringement of rights
• Maintenance of the system: what happens if there is a defect
• Liability of the Owner: restricts Owner’s liability as much as possible
• Period of agreement and termination: you choose
• Other legal provisions