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Software Sales Contract
"I need a Software Sales Contract for selling our enterprise resource planning software to an Austrian manufacturing company, including provisions for customization services and a 3-year maintenance agreement starting March 2025."
1. Parties: Identification of the contracting parties - seller and purchaser, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Defined terms used throughout the agreement, including technical terms specific to the software
4. Subject Matter of the Contract: Detailed description of the software being sold and scope of the sale
5. License Grant: Terms of the software license, including scope of use, restrictions, and user limitations
6. Delivery and Installation: Terms regarding software delivery method, installation requirements, and timeline
7. Acceptance Testing: Procedures for testing and accepting the software, including acceptance criteria
8. Price and Payment Terms: Purchase price, payment schedule, and payment methods
9. Intellectual Property Rights: Confirmation of ownership and IP rights in the software
10. Warranties: Warranties regarding software functionality, performance, and compliance with specifications
11. Liability and Limitation of Liability: Extent and limitations of seller's liability under Austrian law
12. Term and Termination: Duration of the agreement and grounds for termination
13. Data Protection: GDPR compliance and data processing terms
14. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
1. Maintenance and Support: Include when ongoing maintenance and support services are part of the sale
2. Source Code Escrow: Include when source code is to be held in escrow for business continuity purposes
3. Training: Include when user training is part of the sale package
4. Custom Development: Include when the sale includes customization of the software
5. Third-Party Software: Include when the software incorporates third-party components
6. Export Control: Include for international sales or when software is subject to export restrictions
7. Service Level Agreement: Include when specific performance levels are guaranteed
8. Audit Rights: Include when seller requires rights to audit usage compliance
1. Software Specification: Detailed technical specifications of the software
2. Price List: Detailed breakdown of pricing including any optional modules
3. Acceptance Test Criteria: Detailed acceptance testing procedures and success criteria
4. Service Level Agreement: Detailed performance metrics and service levels
5. Implementation Plan: Timeline and milestones for software delivery and implementation
6. Technical Requirements: Hardware and system requirements for the software
7. Support and Maintenance Terms: Detailed terms of support and maintenance services
8. Data Processing Agreement: Detailed terms for GDPR compliance and data processing
Authors
Information Technology
Software Development
Technology Services
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
E-commerce
Digital Services
Cloud Computing
Enterprise Software
Legal
Information Technology
Procurement
Sales
Commercial
Risk Management
Compliance
Software Development
Product Management
Contract Administration
Business Development
Operations
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Sales Manager
Contract Manager
Business Development Manager
Software Licensing Manager
Commercial Director
Chief Information Officer
Legal Operations Manager
Technology Procurement Specialist
Software Asset Manager
IT Procurement Officer
Compliance Officer
Risk Manager
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