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Software Transfer Agreement

Software Transfer Agreement Template for Philippines

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Key Requirements PROMPT example:

Software Transfer Agreement

"I need a Software Transfer Agreement for transferring our proprietary accounting software to a large financial institution in Manila, including source code transfer and 12 months of technical support starting March 2025."

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Document background
The Software Transfer Agreement is a crucial legal instrument used when permanently transferring ownership or rights to software in the Philippines. This document is essential when a company or individual wishes to sell or transfer their software assets to another entity, requiring compliance with Philippine legislation including the Intellectual Property Code (Republic Act No. 8293), Technology Transfer Act (Republic Act No. 10055), and Data Privacy Act (Republic Act No. 10173). The agreement is commonly used in business acquisitions, technology company transactions, or when reorganizing intellectual property assets. It covers comprehensive details about the software being transferred, including source code provisions, intellectual property rights, warranties, and post-transfer support arrangements, while ensuring all aspects comply with Philippine legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including complete legal names and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms

4. Software Description: Detailed description of the software being transferred, including version numbers and components

5. Scope of Transfer: Details of what is being transferred, including rights, licenses, and any restrictions

6. Transfer Process: Process and timeline for the software transfer, including delivery method and acceptance testing

7. Payment Terms: Financial terms including price, payment schedule, and any recurring fees

8. Intellectual Property Rights: Ownership of IP, rights being transferred, and retained rights

9. Warranties and Representations: Warranties regarding software ownership, functionality, and compliance with laws

10. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties

11. Confidentiality: Protection of confidential information and trade secrets

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

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Source Code Transfer: Used when source code is included in the transfer, specifying terms of access and use

2. Maintenance and Support: Include when ongoing maintenance and technical support are part of the agreement

3. Training and Documentation: Used when training services and documentation are provided as part of the transfer

4. Third-Party Components: Required when the software includes third-party components or dependencies

5. Data Privacy and Protection: Include when the software processes personal data subject to the Data Privacy Act

6. Export Controls: Used when the software is subject to export control regulations

7. Performance Standards: Include when specific performance metrics or service levels are guaranteed

8. Migration Services: Used when data migration or system integration services are included

Suggested Schedules

1. Schedule A - Software Specifications: Detailed technical specifications of the software, including functionality and requirements

2. Schedule B - Acceptance Testing Criteria: Criteria and procedures for acceptance testing of the software

3. Schedule C - Service Level Agreement: Details of support services and performance standards if applicable

4. Schedule D - Price and Payment Schedule: Detailed breakdown of prices and payment milestones

5. Schedule E - Transfer Timeline: Detailed timeline for the transfer process and key milestones

6. Appendix 1 - Technical Documentation: User manuals, technical documentation, and other relevant materials

7. Appendix 2 - Third-Party Licenses: Copies of relevant third-party licenses and terms

8. Appendix 3 - Security Requirements: Security protocols and requirements for the software

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

Manufacturing

Retail

Telecommunications

Government

Professional Services

E-commerce

Banking

Insurance

Automotive

Logistics

Media and Entertainment

Relevant Teams

Legal

Information Technology

Software Development

Procurement

Compliance

Intellectual Property

Business Development

Operations

Risk Management

Finance

Technical Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

IT Director

Procurement Manager

Intellectual Property Lawyer

Business Development Director

Technology Transfer Officer

Contract Manager

Chief Information Officer

Software Engineer

Compliance Officer

IT Asset Manager

Corporate Lawyer

Technology Licensing 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, 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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