The Software License And Maintenance Agreement is essential for any software deployment where ongoing support and maintenance are required. This agreement, structured under U.S. law, combines software licensing terms with maintenance obligations, making it particularly valuable for enterprise software implementations. It addresses critical aspects such as intellectual property rights, service level commitments, update provisions, and support responsibilities. The document is designed to comply with U.S. federal and state regulations while protecting both the software provider's intellectual property and the customer's operational needs.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Maintenance Services, Updates, etc.
4. License Grant: Scope, nature, and limitations of the software license including usage rights and restrictions
5. Maintenance Services: Description of maintenance and support services provided including updates, patches, and technical support
6. Fees and Payment: License and maintenance fees, payment terms and conditions, including invoicing and late payment terms
7. Term and Termination: Duration of agreement, renewal terms, and conditions for termination and post-termination obligations
8. Warranties and Disclaimers: Software warranties, performance guarantees, and liability limitations
9. Intellectual Property Rights: Ownership of IP rights, protection of proprietary rights, and infringement provisions
10. Confidentiality: Protection of confidential information and trade secrets
1. Professional Services: Additional services beyond maintenance, such as implementation, training, or customization services
2. Source Code Escrow: Terms for source code protection and access in case of vendor bankruptcy or discontinuation
3. Export Controls: Compliance provisions for international use and export regulations
4. Data Protection: Specific provisions for handling personal data and compliance with privacy laws
5. Disaster Recovery: Business continuity and disaster recovery procedures
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - Service Level Agreement: Maintenance response times, service levels, and performance metrics
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, maintenance fees, and other charges
4. Schedule D - Acceptable Use Policy: Terms governing proper use of the software and user obligations
5. Schedule E - Support Services: Detailed description of support services, including hours of operation and escalation procedures
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