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MSA Software Agreement

MSA Software Agreement Template for Netherlands

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Key Requirements PROMPT example:

MSA Software Agreement

"I need a Master Software Agreement (MSA) for licensing our cloud-based project management software to small and medium enterprises in the Netherlands, with standard support services and basic data protection provisions."

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Document background
The Master Software Agreement (MSA) is a foundational document used when establishing a long-term software licensing and services relationship between a software provider and customer under Dutch law. This agreement type is particularly crucial when the software relationship involves ongoing services, multiple products, or phased implementations. The MSA Software Agreement provides a framework that governs all subsequent software transactions, incorporating essential elements required by Dutch and EU law, including GDPR compliance, intellectual property protections, and electronic commerce regulations. It's designed to serve as an umbrella agreement under which specific software products and services can be added through schedules or statements of work, streamlining future transactions while ensuring comprehensive legal protection for all parties involved.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Agreement: Overview of services and software covered by the MSA

5. License Grant: Terms of software license, usage rights, and restrictions

6. Service Levels: Performance standards, availability, and support requirements

7. Intellectual Property Rights: IP ownership, protection, and related rights

8. Data Protection and Privacy: GDPR compliance and data processing terms

9. Fees and Payment: Pricing, payment terms, and invoicing procedures

10. Term and Termination: Duration, renewal, and termination provisions

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties: Software and service warranties under Dutch law

13. Liability and Indemnification: Limitation of liability and indemnification terms

14. Force Majeure: Provisions for unforeseen circumstances and force majeure events

15. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction

16. General Provisions: Miscellaneous legal provisions and boilerplate clauses

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are part of the agreement

2. Hardware Requirements: Include when specific hardware is required for software operation

3. Third-Party Software: Include when third-party software components are part of the solution

4. Export Control: Include when software may be subject to international export restrictions

5. Source Code Escrow: Include when source code escrow arrangements are required

6. Business Continuity: Include when discussing disaster recovery and business continuity requirements

7. Audit Rights: Include when specific audit requirements are needed

8. Insurance Requirements: Include when specific insurance coverage is required

Suggested Schedules

1. Schedule A - Software Description: Detailed description of licensed software and components

2. Schedule B - Service Level Agreement: Detailed service levels, metrics, and remedies

3. Schedule C - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule D - Support Services: Description of support and maintenance services

5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule F - Security Requirements: Security standards and requirements

7. Appendix 1 - Technical Specifications: Technical details and specifications of the software

8. Appendix 2 - Implementation Plan: Timeline and milestones for software implementation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions









































Clauses







































Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

Insurance

Banking

E-commerce

Logistics

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Software Development

Vendor Management

Contract Administration

Privacy

Commercial

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Contract Manager

Software Development Manager

Chief Information Officer

Privacy Officer

Information Security Manager

Business Development Manager

Commercial Director

Head of IT

General Counsel

Technology Procurement Specialist

Vendor Management Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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