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Commercial Use Agreement

Commercial Use Agreement Template for Philippines

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Key Requirements PROMPT example:

Commercial Use Agreement

"I need a Commercial Use Agreement for my software company based in Manila, allowing enterprise customers to use our cloud-based accounting platform, with specific provisions for data privacy and regular system maintenance windows starting from March 2025."

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Document background
The Commercial Use Agreement serves as a critical legal instrument in the Philippine business environment, providing a framework for businesses to grant and receive commercial usage rights for various assets, products, or services. This document is essential when one party wishes to allow another to use their intellectual property, products, or services for commercial purposes while maintaining control over usage terms and protecting their rights. The agreement must comply with Philippine legislation, including the Civil Code of the Philippines, Electronic Commerce Act, and Intellectual Property Code. It typically includes detailed provisions on scope of use, payment terms, warranties, and liability limitations, making it suitable for various commercial arrangements from software licensing to content distribution.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including any relevant business relationship context

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Grant of Rights: Specifies the scope of commercial use rights being granted, including any territorial or time limitations

5. Payment Terms: Details the fees, payment schedule, and payment methods

6. Usage Restrictions: Clearly outlines what the user can and cannot do with the licensed material or service

7. Term and Termination: Specifies the duration of the agreement and circumstances for termination

8. Representations and Warranties: States the guarantees and assurances made by each party

9. Intellectual Property Rights: Addresses ownership and protection of intellectual property involved

10. Confidentiality: Sets out obligations regarding confidential information handling

11. Liability and Indemnification: Defines the extent of liability and indemnification obligations

12. Force Majeure: Addresses circumstances beyond parties' control affecting performance

13. Governing Law and Jurisdiction: Specifies Philippine law as governing law and jurisdiction for disputes

14. General Provisions: Includes standard boilerplate clauses like notices, assignment, and entire agreement

Optional Sections

1. Quality Standards: Include when the agreement involves specific quality requirements or service levels

2. Data Protection: Required when personal data processing is involved, ensuring compliance with the Data Privacy Act

3. Technical Support: Include when the commercial use requires ongoing technical support or maintenance

4. Training: Add when user training or onboarding is part of the commercial arrangement

5. Export Control: Include for international transactions involving regulated goods or services

6. Insurance: Add when specific insurance coverage is required for the commercial activity

7. Marketing Rights: Include when parties need rights to use each other's names or logos

8. Audit Rights: Add when usage monitoring or financial auditing rights are needed

Suggested Schedules

1. Schedule A - Commercial Terms: Detailed pricing structure, payment terms, and commercial conditions

2. Schedule B - Technical Specifications: Detailed technical requirements or specifications of the product/service

3. Schedule C - Service Levels: Specific performance metrics and service level requirements

4. Schedule D - Authorized Users: List of authorized users or user categories if applicable

5. Schedule E - Implementation Timeline: Detailed timeline for implementation or deployment if relevant

6. Appendix 1 - Usage Guidelines: Detailed guidelines for permitted commercial use

7. Appendix 2 - Support Procedures: Procedures for accessing technical support or maintenance services

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

Technology

Media and Entertainment

Retail

Manufacturing

Software and IT Services

E-commerce

Digital Services

Professional Services

Healthcare

Education

Financial Services

Telecommunications

Relevant Teams

Legal

Commercial

Business Development

Operations

Procurement

Compliance

Sales

Finance

Risk Management

Product Development

Information Technology

Intellectual Property

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Contracts Manager

Licensing Manager

Operations Director

Chief Technology Officer

Procurement Manager

Compliance Officer

Sales Director

Product Manager

IP Rights Manager

Chief Financial Officer

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

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