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Software Sales Agreement

Software Sales Agreement Template for Philippines

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Key Requirements PROMPT example:

Software Sales Agreement

"I need a standard Software Sales Agreement for selling our off-the-shelf accounting software to small businesses in the Philippines, with basic support services and a 12-month initial term starting March 2025."

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Document background
The Software Sales Agreement is a crucial document used when a software vendor wishes to sell and license software products to a customer in the Philippines. This agreement is essential for protecting both parties' interests in software transactions and ensures compliance with Philippine legislation, including the Electronic Commerce Act (RA 8792), Intellectual Property Code (RA 8293), and Data Privacy Act (RA 10173). It covers critical elements such as software specifications, license scope, implementation requirements, acceptance testing, warranties, support services, and payment terms. The document is particularly important in the Philippine context where technology transactions must adhere to specific local regulations regarding electronic commerce, intellectual property protection, and data privacy. This agreement type is commonly used for both off-the-shelf software sales and customized software solutions, providing a legal framework that addresses the complexities of software transactions while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identifies and provides full details of the parties entering into the agreement

2. Background: Context of the agreement and brief description of the parties' intention to enter into a software sale arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Software Description and License Grant: Detailed description of the software and the terms of license granted to the purchaser

5. Payment Terms: Purchase price, payment schedule, and payment methods

6. Delivery and Implementation: Timeline and process for software delivery, installation, and implementation

7. Acceptance Testing: Procedures for testing and accepting the software

8. Warranties and Representations: Warranties regarding software performance, functionality, and compliance with specifications

9. Intellectual Property Rights: Ownership of IP rights and restrictions on use

10. Support and Maintenance: Terms of technical support and maintenance services

11. Confidentiality: Protection of confidential information exchanged during the transaction

12. Term and Termination: Duration of the agreement and conditions for termination

13. Liability and Indemnification: Limitations of liability and indemnification obligations

14. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

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

2. Third-Party Software Components: Needed when the software includes third-party components or dependencies

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

4. Source Code Escrow: Optional protection for purchaser through source code escrow arrangements

5. Training Services: Include when vendor provides training for software use

6. Custom Development: Required when software includes customization or bespoke development

7. Service Level Agreement: Include when specific performance levels are guaranteed

8. Disaster Recovery: Required for critical software systems requiring backup and recovery procedures

Suggested Schedules

1. Schedule A - Software Specifications: Detailed technical specifications of the software

2. Schedule B - Pricing and Payment Schedule: Detailed breakdown of costs and payment milestones

3. Schedule C - Implementation Timeline: Detailed project timeline and implementation milestones

4. Schedule D - Acceptance Testing Criteria: Specific criteria and procedures for software acceptance

5. Schedule E - Support and Maintenance Services: Detailed description of support and maintenance terms

6. Schedule F - Service Level Requirements: Specific performance metrics and service levels

7. Appendix 1 - Technical Requirements: Hardware and system requirements for software operation

8. Appendix 2 - User Documentation: User manuals and documentation deliverables

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 Finance

Healthcare

Education

Government

Retail

Manufacturing

Telecommunications

Professional Services

E-commerce

Insurance

Real Estate

Logistics

Energy

Construction

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Information Security

Vendor Management

Risk Management

Operations

Software Development

Technical Support

Commercial Operations

Relevant Roles

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Software License Manager

Contracts Manager

Chief Information Officer

IT Procurement Specialist

Commercial Director

Software Asset Manager

Chief Financial Officer

IT Security Officer

Compliance Officer

Technology Manager

Vendor Management 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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