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Master Software Agreement

Master Software Agreement Template for Philippines

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Key Requirements PROMPT example:

Master Software Agreement

"I need a Master Software Agreement governed by Philippine law for a healthcare software solution, with strong data privacy provisions and specific clauses addressing patient data protection, planned to be effective from March 2025."

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Document background
The Master Software Agreement serves as the primary contractual framework for software licensing and related services in the Philippines, designed to comply with local regulations including the Electronic Commerce Act (RA 8792) and Data Privacy Act (RA 10173). This document is typically used when establishing long-term software licensing relationships, particularly for enterprise-level software deployments that may involve multiple modules, services, or implementations over time. It provides comprehensive coverage of essential elements including license grants, service levels, intellectual property rights, data protection, and operational requirements while incorporating specific provisions required under Philippine law. The Master Software Agreement is structured to allow for additional services and software components through supplementary schedules, making it adaptable to evolving business needs while maintaining a consistent legal framework.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Defined terms used throughout the agreement

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

5. Intellectual Property Rights: Ownership and protection of IP, including pre-existing IP and newly created materials

6. Payment Terms: Fees, payment schedule, and financial terms

7. Service Levels: Performance standards, availability, and support requirements

8. Data Protection and Privacy: Compliance with Philippine Data Privacy Act and data handling requirements

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration, renewal, and termination provisions

11. Warranties and Representations: Standard warranties regarding software, services, and legal compliance

12. Limitation of Liability: Liability caps and exclusions

13. Indemnification: Mutual indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances and events beyond parties' control

15. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entirety

Optional Sections

1. Professional Services: Include when implementation, customization, or consulting services are part of the agreement

2. Hardware Requirements: Include when specific hardware is required for software operation

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

4. Change Control: Include when formal processes for changes to software or services are needed

5. Disaster Recovery: Include when specific disaster recovery and business continuity requirements exist

6. Security Requirements: Include when specific security standards or certifications are required

7. Training and Documentation: Include when training and documentation services are part of the agreement

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

9. Export Control: Include when software is subject to export control regulations

10. Insurance Requirements: Include when specific insurance coverage is required

Suggested Schedules

1. Schedule A - Software Description: Detailed description of software modules and functionality

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

3. Schedule C - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule D - Support Services: Support service levels, processes, and contact details

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

6. Schedule F - Implementation Plan: Timeline and milestones for software implementation

7. Schedule G - Data Processing Agreement: Detailed terms for handling personal data under Philippine law

8. Schedule H - Acceptance Testing: Testing criteria and acceptance procedures

9. Appendix 1 - Authorized Users: List of authorized users and access levels

10. Appendix 2 - Security Policies: Detailed security requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Banking and Financial Services

Healthcare

Retail and E-commerce

Manufacturing

Telecommunications

Education

Government and Public Sector

Business Process Outsourcing

Professional Services

Insurance

Real Estate

Transportation and Logistics

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Finance

Information Security

Compliance

Risk Management

Operations

Software Development

Project Management

Vendor Management

Enterprise Architecture

Data Protection

Solutions Architecture

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Head of Legal

Legal Counsel

Procurement Manager

Software Development Manager

IT Security Manager

Data Protection Officer

Contract Manager

Operations Director

Chief Financial Officer

Enterprise Architect

Vendor Management Director

Risk Management Officer

Compliance Officer

Project Manager

Solutions Architect

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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