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Software License And Maintenance Agreement

Software License And Maintenance Agreement Template for Philippines

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Key Requirements PROMPT example:

Software License And Maintenance Agreement

"I need a Software License and Maintenance Agreement for my healthcare software company based in Manila, licensing patient management software to private hospitals in the Philippines, with specific provisions for data privacy compliance and 24/7 technical support."

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Document background
The Software License And Maintenance Agreement is essential for organizations in the Philippines engaging in software procurement and implementation. This document is typically used when a company needs to license software products and secure ongoing maintenance services from a software provider. It addresses critical aspects such as intellectual property rights, service level commitments, data privacy compliance under Philippine law, and maintenance obligations. The agreement is structured to comply with Philippine regulations, including the Intellectual Property Code, E-Commerce Act, and Data Privacy Act, while providing comprehensive protection for both the software provider and the customer. It's particularly important in ensuring clear delineation of rights, responsibilities, and remedies in software deployment and support scenarios within the Philippine business context.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including their complete legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the software, and the parties' intentions

3. Definitions: Detailed definitions of technical terms, proper nouns, and other important concepts used throughout the agreement

4. License Grant: Scope of the software license, usage rights, restrictions, and terms of use

5. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of modifications or improvements

6. Maintenance Services: Description of maintenance and support services, including updates, patches, and technical support

7. Service Levels: Performance standards, response times, and service quality metrics

8. Fees and Payment: License fees, maintenance fees, payment terms, and billing procedures

9. Term and Termination: Duration of the agreement, renewal terms, and termination rights

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Privacy and Security: Compliance with Philippine Data Privacy Act and data security requirements

12. Warranties and Disclaimers: Software warranties, service warranties, and limitation of warranties

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard clauses including governing law, dispute resolution, and notices

Optional Sections

1. Professional Services: Include when additional implementation, configuration, or training services are required

2. Hosting Services: Include for cloud-based or hosted software solutions

3. Disaster Recovery: Include when specific disaster recovery and business continuity requirements are needed

4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

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

6. Export Controls: Include for international licensing arrangements

7. Insurance Requirements: Include when specific insurance coverage is required from either party

8. Change Control: Include when formal change management procedures are needed

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the licensed software, including modules and features

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

3. Schedule C - Maintenance Services: Detailed description of maintenance and support services

4. Schedule D - Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment terms

5. Schedule E - Technical Requirements: Hardware, software, and network requirements for the software

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

7. Appendix 1 - Support Procedures: Procedures for requesting and receiving technical support

8. Appendix 2 - Authorized Users: Definition and limitations of authorized users

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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









































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Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

E-commerce

Banking

Insurance

Business Process Outsourcing

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Information Security

Operations

Technical Support

Contract Management

Risk Management

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software License Manager

Compliance Officer

Information Security Manager

IT Operations Manager

Contract Administrator

Chief Information Officer

Technical Support Manager

Service Delivery Manager

Chief Legal Officer

Chief Financial Officer

IT Infrastructure Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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