The License And Service Agreement is a crucial document used when a provider grants access to proprietary software or technology while also providing ongoing services related to that technology. This dual-purpose agreement, governed by Qatar law, is particularly relevant in today's technology-driven business environment where software licensing alone is often insufficient without accompanying support services. The document addresses key aspects such as intellectual property rights, service level commitments, data protection, and compliance with Qatar's regulatory requirements. It is commonly used in technology implementations, SaaS deployments, and complex software solutions where the provider maintains an ongoing service relationship with the client. The agreement must comply with Qatar's Commercial Law No. 27 of 2006 and related regulations while protecting both parties' interests in the license and service arrangement.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses as required under Qatar law
2. Background: Context of the agreement, relationship between parties, and general purpose of the license and service arrangement
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including technical, legal, and commercial terms
4. License Grant: Scope of license, usage rights, restrictions, and terms of use for licensed materials
5. Service Scope: Detailed description of services to be provided, service levels, and delivery terms
6. Term and Termination: Duration of agreement, renewal terms, and circumstances for termination
7. Fees and Payment: Payment terms, fee structure, invoicing, and payment methods compliant with Qatar banking regulations
8. Intellectual Property Rights: IP ownership, protection provisions, and rights allocation between parties
9. Confidentiality: Protection of confidential information and trade secrets
10. Warranties and Representations: Warranties regarding services, licensed materials, and compliance with Qatar laws
11. Limitation of Liability: Liability caps and exclusions permitted under Qatar law
12. Governing Law and Jurisdiction: Qatar law as governing law and jurisdiction for dispute resolution
13. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required when services involve processing personal data under Qatar's Privacy Protection Law
2. Compliance with Islamic Law: Specific provisions ensuring compliance with Shariah principles, if relevant to the services or parties
3. Export Control: Include when licensed materials or services are subject to export control regulations
4. Source Code Escrow: Optional protection mechanism for licensee access to source code under specific conditions
5. Change Control: Include for complex service arrangements requiring formal change management processes
6. Training and Support: Detailed terms for training and support services if offered separately
7. Insurance: Specific insurance requirements beyond standard coverage
8. Business Continuity: Required for critical services or high-dependency relationships
9. Anti-Corruption: Enhanced compliance provisions for high-risk or government-related contracts
1. Schedule 1 - Licensed Materials: Detailed description of all licensed software, materials, and intellectual property
2. Schedule 2 - Service Specifications: Detailed technical and operational specifications of services
3. Schedule 3 - Service Levels: Service level agreements, KPIs, and performance metrics
4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
5. Schedule 5 - Support Services: Support service levels, response times, and escalation procedures
6. Schedule 6 - Data Processing Terms: Specific terms for data processing activities and compliance requirements
7. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
8. Appendix B - Contact Details: Key contacts and escalation matrix for both parties
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