The Software License And Maintenance Agreement is essential for organizations deploying software solutions while ensuring ongoing support and maintenance. This document, governed by Hong Kong law, combines software licensing terms with maintenance service obligations, providing a comprehensive framework for long-term software utilization. It addresses critical aspects including license scope, usage restrictions, maintenance services, service levels, fees, and risk allocation. The agreement ensures compliance with Hong Kong's legal requirements while protecting both parties' interests in software deployment and support. It's particularly relevant for businesses requiring enterprise software solutions with ongoing maintenance support, and can be customized for various deployment models including on-premise and cloud-based solutions.
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1. Parties: Identification of the licensor and licensee
2. Background: Context of the agreement and brief description of the software
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope of software license, usage rights, and restrictions
5. Delivery and Installation: Terms for software delivery, installation, and acceptance
6. Maintenance and Support Services: Description of maintenance, updates, and support obligations
7. Service Levels: Performance standards and service level commitments
8. Fees and Payment: License fees, maintenance fees, payment terms and conditions
9. Intellectual Property Rights: IP ownership, protection, and infringement provisions
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties: Software and service warranties, disclaimers
12. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
13. Term and Termination: Agreement duration, renewal, and termination rights
14. Effect of Termination: Post-termination obligations and transitional arrangements
15. General Provisions: Standard boilerplate clauses including governing law, notices, assignment
1. Data Protection: Required if software processes personal data, covering PDPO compliance
2. Professional Services: Include if implementation, configuration, or training services are needed
3. Disaster Recovery: Required for business-critical software applications
4. Source Code Escrow: Include if source code escrow arrangements are required
5. Cloud Services: Required for SaaS solutions, covering hosting and availability
6. Hardware Requirements: Include if specific hardware is needed to run the software
7. Security Requirements: Required for software handling sensitive data
8. Third-Party Components: Include if software incorporates third-party elements
9. Export Controls: Required if software is subject to export regulations
1. Software Description: Detailed description of licensed software and functionality
2. Technical Requirements: Software technical specifications and system requirements
3. Service Level Agreement: Detailed service levels, metrics, and remedies
4. Support Services: Support tiers, response times, and escalation procedures
5. Maintenance Services: Maintenance schedule, update procedures, and scope
6. Fee Schedule: Detailed breakdown of all fees and payment schedules
7. Acceptable Use Policy: Rules and restrictions for software use
8. Data Processing Agreement: Terms for processing personal data if applicable
9. Business Continuity Plan: Disaster recovery and business continuity procedures
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