Commercial License Software

Commercial License Software Template for Philippines

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Key Requirements PROMPT example:

"I need a Commercial Software License Agreement for our enterprise resource planning software that will be deployed to multiple corporate clients in the Philippines, with specific provisions for data privacy compliance and cloud hosting requirements, to be implemented by March 2025."

Document background

The Commercial License Software agreement is essential for businesses operating in the Philippines that either provide or acquire software for commercial use. This document is specifically designed to comply with Philippine legislation, including the Intellectual Property Code, E-commerce Act, and Data Privacy Act. It is used when a software provider grants a commercial license to a business entity, covering crucial aspects such as license scope, usage rights, fees, maintenance, and support services. The agreement protects both parties' interests while ensuring compliance with local regulations and industry standards. It's particularly relevant in today's digital economy where software licensing forms a crucial part of business operations and technology adoption in the Philippines.

Suggested Sections

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

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions: Key terms used throughout the agreement, including technical terms, 'Software', 'Documentation', 'Intellectual Property Rights', etc.

4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions

5. License Fees and Payment Terms: Payment obligations, payment schedule, late payment consequences, and taxes

6. Intellectual Property Rights: Ownership of IP rights, protection measures, and restrictions on use

7. Licensee Obligations: Requirements for software use, security measures, and usage restrictions

8. Support and Maintenance: Terms for technical support, updates, and maintenance services

9. Warranties and Representations: Software performance guarantees and compliance with Philippine laws

10. Limitation of Liability: Scope of liability limitations and exclusions under Philippine law

11. Term and Termination: Duration of the license, renewal terms, and termination conditions

12. Confidentiality: Protection of confidential information and trade secrets

13. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction for dispute resolution

14. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Data Privacy and Protection: Required when the software processes personal data, ensuring compliance with the Data Privacy Act of 2012

2. Third-Party Software: Needed when the licensed software incorporates third-party components

3. Export Control: Required for software with international distribution or containing controlled technology

4. Source Code Escrow: Optional protection for business-critical software implementations

5. Service Level Agreement: Required for software with specific performance requirements or cloud-based solutions

6. Disaster Recovery: Important for mission-critical software applications

7. Training and Implementation: Needed when the software requires significant user training or complex implementation

8. Audit Rights: Important for licenses based on usage metrics or compliance requirements

Suggested Schedules

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

2. Schedule B - Technical Requirements: Hardware and software requirements for operating the licensed software

3. Schedule C - License Fees: Detailed breakdown of license fees, payment schedules, and pricing models

4. Schedule D - Service Level Requirements: Performance metrics, response times, and service quality standards

5. Schedule E - Support Services: Details of support and maintenance services, including response times and escalation procedures

6. Schedule F - Authorized Users: Definition and limitations of authorized users and access rights

7. Appendix 1 - Data Processing Terms: Specific terms for data processing compliance with Philippine Data Privacy Act

8. Appendix 2 - Security Requirements: Security protocols and requirements for software implementation and use

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Government and Public Sector

E-commerce

Business Process Outsourcing

Real Estate

Construction

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Information Security

Risk Management

Vendor Management

Software Development

Technical Operations

Contract Administration

Business Development

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

Compliance Officer

Information Security Manager

Chief Information Officer

Contract Administrator

Business Development Manager

Technical Account Manager

Risk Manager

Chief Financial Officer

Enterprise Architect

Vendor Management Specialist

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