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A family of Software evaluation licencesdocumentsSoftware evaluation licences

These licence documents are designed to cover the provision of software to a customer or prospective customer for the purposes of a trial or evaluation.

Free software evaluation licence agreement

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Version 1.0
First published 24 Jan 2023
Last updated 24 Jan 2023
Word count 5,355
Template pages 12

Software evaluation licence agreement

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Version 1.3
First published 27 Nov 2016
Last updated 24 Jan 2023
Word count 5,123
Template pages 11

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Free software evaluation licence agreement contents

  1. Definitions: definitions.
  2. Credit: docular credit; free documents licensing warning.
  3. Term: commencement of term; end of fixed term.
  4. Supply of Software: making software available for download; delivery of software; acknowledgement of supply of software.
  5. Evaluation licence: grant of licence to use software for evaluation; right to sub-license software; no sub-licensing of software; no live use of software; software licence limitations; use of software limited to specified persons; software licence prohibitions; security of licensed software.
  6. No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
  7. Consideration: consideration benefiting
    Licensor
    .
  8. Licensee
     confidentiality obligations:
    Licensee
    confidentiality undertaking; disclosure of confidential information by
    Licensee
    to certain persons; exceptions to
    Licensee
     confidentiality obligations; disclosures of
    Licensor
    confidential information mandated by law etc;
    Licensee
    to stop using confidential information upon termination;
    Licensee
    to delete confidential information following termination;
    Licensee
    confidentiality obligations after termination.
  9. Warranties: first party warranty of authority; software licence warranties; warranty of legality of software; software intellectual property infringement warranty; breach of software infringement warranty; second party warranty of authority; exclusion of implied warranties and representations.
  10. Acknowledgements and warranty limitations: software not error free; software not entirely secure; software compatibility is limited; no legal etc advice with software.
  11. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss.
  12. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  13. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; software licences on contract termination; software copies on contract termination.
  14. Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
  15. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  16. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (SOFTWARE LICENCE PARTICULARS)

  1. Specification of Software: specification of software prompt.
  2. Timetable: timetable prompt.
  3. Software licence: specification of software licence prompt.

Software evaluation licence agreement contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of fixed term.
  3. Supply of Software: making software available for download; delivery of software; acknowledgement of supply of software.
  4. Evaluation licence: grant of licence to use software for evaluation; right to sub-license software; no sub-licensing of software; no live use of software; software licence limitations; use of software limited to specified persons; software licence prohibitions; security of licensed software.
  5. No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
  6. Consideration: consideration benefiting
    Licensor
    .
  7. Licensee
     confidentiality obligations:
    Licensee
    confidentiality undertaking; disclosure of confidential information by
    Licensee
    to certain persons; exceptions to
    Licensee
     confidentiality obligations; disclosures of
    Licensor
    confidential information mandated by law etc;
    Licensee
    to stop using confidential information upon termination;
    Licensee
    to delete confidential information following termination;
    Licensee
    confidentiality obligations after termination.
  8. Warranties: first party warranty of authority; software licence warranties; warranty of legality of software; software intellectual property infringement warranty; breach of software infringement warranty; second party warranty of authority; exclusion of implied warranties and representations.
  9. Acknowledgements and warranty limitations: software not error free; software not entirely secure; software compatibility is limited; no legal etc advice with software.
  10. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss.
  11. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  12. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; software licences on contract termination; software copies on contract termination.
  13. Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
  14. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  15. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (SOFTWARE LICENCE PARTICULARS)

  1. Specification of Software: specification of software prompt.
  2. Timetable: timetable prompt.
  3. Software licence: specification of software licence prompt.