This SaaS Software License Agreement is designed for use in the Maltese jurisdiction, incorporating essential elements of both EU and Maltese law. It serves as the primary contract between software providers and their customers for cloud-based software services, establishing clear terms for service delivery, usage rights, and obligations of both parties. The agreement is particularly important in the context of Malta's growing technology sector and its position as a European tech hub, ensuring compliance with the GDPR, local data protection laws, and the Malta Digital Innovation Authority Act. It includes comprehensive provisions for service levels, data security, intellectual property protection, and risk allocation, making it suitable for both enterprise and SME deployments. This template should be used whenever a software provider based in or operating under Maltese law offers their software through a cloud-based service model.
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1. Parties: Identification of the contracting parties - SaaS provider and customer
2. Background: Context of the agreement and brief description of the SaaS service
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Service Provision: Core obligations regarding the provision of the SaaS service
5. License Grant: Scope of software license and usage rights granted to the customer
6. Service Levels: Performance standards and service availability commitments
7. Customer Obligations: Customer's responsibilities and acceptable use requirements
8. Fees and Payment: Pricing, payment terms, and billing procedures
9. Data Protection and Security: GDPR compliance and data security obligations
10. Intellectual Property Rights: IP ownership, protection, and related warranties
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal, and termination provisions
13. Limitation of Liability: Liability caps and exclusions
14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
15. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Professional Services: Include when additional implementation or consulting services are provided
2. Service Credits: Include when financial compensation is offered for service level failures
3. Disaster Recovery: Include for enterprise customers requiring specific disaster recovery commitments
4. Change Control: Include for contracts where formal change management procedures are needed
5. Insurance Requirements: Include for high-value contracts or when required by customer policy
6. Audit Rights: Include for customers requiring specific compliance or performance audit rights
7. Third-Party Integrations: Include when the service interfaces with third-party applications
1. Service Description: Detailed technical specifications of the SaaS service
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Support Services: Support level descriptions, response times, and escalation procedures
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Security Requirements: Detailed security standards, protocols, and compliance requirements
7. Acceptable Use Policy: Detailed rules and restrictions for service usage
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