Home >> Procurement >> ICT Procurement >> Contract Framework >> SourceIT Model Contracts >> Licence and Support of Commercial off-the-shelf Software model contract

Licence and Support of Commercial off-the-shelf Software model contract

(Acquisition Only)

Before proceeding, users of this Contract should have regard to the following assumptions:

1. This Contract is intended for use in relation to the licensing, installation, support and maintenance of standard commercial off the shelf software products.
2. This Contract is not intended to be used for software development or for complex licensing, installation, support and maintenance arrangements.
3. This Contract is not a deed of standing offer and, as a result, is not suitable for panel arrangements.
4. This Contract does not apply to the acquisition of software by leasing arrangement and should only be used where software will be purchased.
5. This Contract assumes contracting between a Commonwealth Agency and one service provider, in contrast to multiple contractors. The terms and suitability of the Contract will need to be carefully considered if arrangements are to involve more than one contractor. Advice should be sought in such circumstances.
6. The Contract assumes contracting between a Commonwealth Agency and a non-government service provider. Some of the provisions of the document may not be appropriate to an arrangement between two or more non-government entities or between two or more Commonwealth Agencies. Advice should be sought in these circumstances.
7. Except where specifically provided, the Agreed Terms are not intended to accommodate variations and are not designed for alteration. Where appropriate, provision is made in Schedule 1 (Contract Details) for variables to be inserted and in some cases, limited departure from the Agreed Terms is accommodated. Users should ensure that relevant variables are included in the Contract Details, where required.
8. The clauses in this document relating to confidentiality, audit and privacy are publicly available clauses recommended for use by the Department of Finance and Deregulation, the Australian National Audit Office and the Office of the Privacy Commissioner respectively.
9. It is strongly recommended that users of this document refer to the accompanying User Notes for further instruction.

SourceIT Simple COTS Licence Contract 2.2 RTF Version [ 1.7 MB]
SourceIT Simple COTS Licence Contract 2.2 PDF Version [ 231 KB]

Contact for information on this page: ICT Procurement

Back to top