The Freeware License Agreement is essential for software developers and companies offering their software products free of charge in the Philippines. This document serves as a critical legal instrument that balances the developer's need to protect their intellectual property rights with the desire to provide free access to their software. It outlines permitted uses, restrictions, and liability limitations while ensuring compliance with Philippine regulations, particularly the Intellectual Property Code and E-Commerce Act. The agreement is typically used when launching new freeware products, updating existing license terms, or distributing software to Philippine users. It includes specific provisions for data privacy, user obligations, and termination rights, tailored to meet both local legal requirements and international software licensing standards.
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1. Parties: Identifies the licensor (software owner/developer) and licensee (end-user), including full legal names and addresses
2. Background: Brief context about the software, its purpose, and the intention to provide it as freeware
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'License', 'User', 'Intellectual Property Rights', etc.
4. Grant of License: Specifies the scope of the free license, including permitted uses and any basic restrictions
5. Intellectual Property Rights: Confirms the licensor's ownership of the software and all associated intellectual property rights
6. Permitted Uses and Restrictions: Details what users can and cannot do with the software, including distribution and modification rights
7. User Obligations: Outlines the licensee's responsibilities when using the software
8. Disclaimer of Warranties: States that the software is provided 'as is' without warranties
9. Limitation of Liability: Limits the licensor's liability for any damages arising from software use
10. Term and Termination: Specifies how long the license lasts and conditions for termination
11. Governing Law and Jurisdiction: Establishes Philippine law as governing law and sets jurisdiction for disputes
1. Data Collection and Privacy: Required if the software collects any user data, ensuring compliance with the Data Privacy Act
2. Third-Party Software: Needed if the software incorporates third-party components or libraries
3. Export Controls: Include if the software might be subject to international distribution restrictions
4. Support and Updates: Optional section describing any voluntary support or update provisions
5. Feedback and Suggestions: Include if accepting user feedback and defining ownership of such contributions
6. Academic or Non-Profit Use: Special terms for academic or non-profit users if applicable
1. Schedule A - Software Description: Technical description of the software, including version number and components
2. Schedule B - Installation Requirements: System requirements and installation instructions
3. Schedule C - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
4. Appendix 1 - Third-Party Licenses: Copies of licenses for any third-party components, if applicable
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