The Personal Software License agreement is essential for software providers operating in the Philippines who need to establish clear legal terms for individual users accessing and using their software products. This document becomes necessary when software is distributed to individual end users, whether for free or paid use, and must comply with Philippine legal requirements including the Intellectual Property Code (RA 8293), E-commerce Act (RA 8792), and Data Privacy Act (RA 10173). The agreement covers critical aspects such as license scope, usage restrictions, intellectual property rights, warranties, and liability limitations. It serves as both a legal protection mechanism for software providers and a clear guide for users regarding their rights and obligations. The document is particularly important in the Philippine context where software licensing must balance international standards with local legal requirements.
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Key Requirements PROMPT example:
Personal Software License
"I need a Personal Software License agreement for my new mobile app that will launch in March 2025, which will collect user data and offer both free and premium subscription tiers, compliant with Philippine law and including specific clauses about data privacy and subscription terms."
1. Parties: Identifies the licensor (software owner/provider) and licensee (end user), including complete legal names and addresses
2. Background: Explains the context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'License', 'Intellectual Property Rights', etc.
4. Grant of License: Specifies the exact nature and scope of the license granted, including usage rights and any territorial limitations
5. License Restrictions: Details what the licensee cannot do with the software, including restrictions on copying, modification, and redistribution
6. Intellectual Property Rights: Confirms the licensor's ownership of the software and related IP rights, and protects against infringement
7. Term and Termination: Specifies the duration of the license and conditions for termination or renewal
8. Warranties and Disclaimers: States any warranties provided and disclaims implied warranties as permitted by law
9. Limitation of Liability: Limits the licensor's liability within bounds permitted by Philippine law
10. General Provisions: Includes standard clauses on governing law, dispute resolution, and entire agreement
1. Payment Terms: Required if the license involves one-time fees or recurring payments
2. Support and Maintenance: Include if technical support or software updates are part of the agreement
3. Data Privacy and Security: Required if the software collects or processes personal data, ensuring compliance with the Data Privacy Act
4. Export Controls: Include if the software is subject to export restrictions or international use
5. Third-Party Software: Required if the software incorporates third-party components or dependencies
6. Installation and Implementation: Include if specific installation requirements or procedures need to be followed
7. Service Level Agreement: Include for software that provides online services or requires specific performance levels
1. Schedule A - Software Description: Detailed technical description of the software, including version number and components
2. Schedule B - License Fees: Breakdown of license fees and payment schedule, if applicable
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule D - Support Services: Details of any support services, including service levels and response times
5. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
6. Appendix 2 - Privacy Policy: Detailed privacy policy if the software processes personal data
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Professional Services
Retail
Telecommunications
Media and Entertainment
Government Services
Relevant Teams
Legal
Information Technology
Software Development
Compliance
Product Management
Operations
Risk Management
Privacy and Data Protection
Business Development
Intellectual Property
Relevant Roles
Legal Counsel
Software Development Manager
IT Director
Compliance Officer
Intellectual Property Manager
Contract Administrator
Product Manager
Software Engineer
Chief Technology Officer
Chief Legal Officer
Licensing Manager
Business Development Manager
Risk Manager
Privacy Officer
Operations Manager
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