The Master Software Agreement serves as the primary contractual framework for software licensing and service relationships under Irish law. It is typically used when a software provider needs to establish a long-term relationship with a customer, allowing for multiple software licenses, services, and orders to be governed by a single master agreement. This document addresses key aspects including license grants, service levels, data protection (particularly GDPR compliance), intellectual property rights, and support services. It's designed to streamline the contracting process by providing a comprehensive framework that subsequent order forms and statements of work can reference, reducing the need for repeated negotiation of standard terms.
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1. Parties: Identification of the contracting parties with full legal names and registered addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Agreement: Framework terms for software licensing and services relationship
5. Ordering Process: Process for ordering software licenses and services under the agreement
6. License Grant: Terms of software license, including scope, restrictions, and usage rights
7. Service Provision: General terms for provision of software and related services
8. Fees and Payment: Payment terms, invoicing, and fee adjustment mechanisms
9. Data Protection: GDPR compliance and data processing obligations
10. Intellectual Property Rights: IP ownership, protection, and infringement provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Standard warranties for software and services
13. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
14. Term and Termination: Duration, renewal, and termination provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Security Requirements: Detailed security obligations - include if handling sensitive data or for regulated industries
2. Professional Services: Terms for additional professional services like implementation or consulting - include if offering beyond standard support
3. Source Code Escrow: Source code escrow arrangements - include if agreed to provide source code protection
4. Disaster Recovery: Disaster recovery and business continuity requirements - include for business-critical software
5. Anti-Bribery and Corruption: Specific anti-corruption provisions - include for public sector or regulated customers
6. Insurance Requirements: Detailed insurance obligations - include for high-value or high-risk implementations
7. Change Control: Formal process for changes to services or specifications - include for complex implementations
1. Schedule 1 - Software Description: Detailed description of licensed software and functionality
2. Schedule 2 - Service Level Agreement: Performance metrics, support levels, and remedies
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Technical Requirements: Software technical specifications and requirements
6. Schedule 6 - Support Services: Detail of support and maintenance services
7. Appendix A - Approved Subcontractors: List of approved subcontractors and processors
8. Appendix B - Security Requirements: Detailed security standards and requirements
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
Insurance
Banking
Government
Pharmaceuticals
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk Management
Compliance
Finance
Operations
Vendor Management
Commercial
Relevant Roles
Chief Technology Officer
Chief Information Officer
Head of Legal
IT Director
Procurement Manager
Legal Counsel
Software Licensing Manager
Vendor Management Director
Information Security Officer
Data Protection Officer
Contract Manager
IT Procurement Specialist
Commercial Director
Head of IT Operations
Chief Financial Officer
Technology Procurement Officer
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