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Software License Agreement

Software License Agreement Template for Philippines

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Key Requirements PROMPT example:

Software License Agreement

"I need a Software License Agreement for my cloud-based accounting software that will be licensed to small businesses in the Philippines, including maintenance services and data privacy compliance requirements, with an initial term starting March 2025."

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Document background
A Software License Agreement is essential for any software deployment or distribution in the Philippines, providing the legal framework for software usage rights and obligations between the licensor and licensee. This document is particularly important given the Philippines' robust technology sector and specific regulatory requirements under the Intellectual Property Code (Republic Act No. 8293), E-commerce Act (Republic Act No. 8792), and Data Privacy Act (Republic Act No. 10173). The agreement typically covers software deployment, usage restrictions, maintenance terms, and compliance requirements. It's commonly used when organizations need to license software for business operations, when software companies distribute their products, or when custom software is developed for specific clients. The document ensures proper protection of intellectual property rights while facilitating legal software usage and distribution within the Philippine jurisdiction.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and Philippine law-specific terminology

4. Grant of License: Scope and nature of the license granted, including usage rights, restrictions, and territory

5. License Fees and Payment Terms: Financial terms, payment schedule, taxes, and currency specifications

6. Intellectual Property Rights: Declaration of ownership rights, protection of IP, and compliance with Philippine IP Code

7. Confidentiality: Protection of confidential information and trade secrets

8. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

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

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

11. Data Privacy and Protection: Compliance with Philippine Data Privacy Act requirements

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including force majeure, notices, and assignment rights

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangements, recommended for business-critical software

2. Professional Services: Terms for additional services like implementation, training, or customization

3. Service Level Agreement: Performance metrics and service levels for cloud-based or hosted software

4. Third-Party Software: Terms relating to incorporated third-party software components

5. Export Control: Compliance with export regulations, needed for international usage

6. Disaster Recovery: Requirements for backup and recovery procedures, important for critical systems

7. Change Control: Procedures for implementing changes to the software or terms

8. User Acceptance Testing: Procedures and criteria for software acceptance, relevant for custom software

Suggested Schedules

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

2. Schedule 2 - Technical Requirements: Hardware and system requirements for software operation

3. Schedule 3 - License Fees: Detailed breakdown of license fees, payment terms, and calculations

4. Schedule 4 - Support and Maintenance Terms: Details of support services, response times, and maintenance procedures

5. Schedule 5 - Service Levels: Detailed service level metrics and performance standards

6. Appendix A - Authorized Users: Definition and list of authorized users or user categories

7. Appendix B - Security Requirements: Security protocols and requirements for software usage

8. Appendix C - Data Processing Terms: Detailed terms for handling personal data under Philippine Data Privacy Act

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

Financial Services

Healthcare

Education

Government

Manufacturing

Retail

Telecommunications

Professional Services

E-commerce

Business Process Outsourcing

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Software Development

Vendor Management

Risk Management

Operations

Finance

Business Development

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Development Manager

Compliance Officer

Information Security Officer

Contract Manager

Business Development Manager

Operations Director

Risk Manager

Technology Procurement Specialist

Software Asset Manager

Vendor Management Officer

Chief Information Officer

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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