The Software License And Maintenance Agreement is a critical document used when a software provider grants usage rights to their software and commits to providing ongoing maintenance services to a customer under UAE law. This agreement is essential for protecting both parties' interests in software deployment and support arrangements, ensuring clear delineation of rights, responsibilities, and service expectations. It incorporates specific requirements from UAE technology and commercial laws, including provisions for data protection, electronic transactions, and intellectual property rights. The document is particularly important in the UAE's growing technology sector, where both local and international software deployments must comply with federal regulations while maintaining international best practices in software licensing and support.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the software, and general purpose of the arrangement
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, restrictions, and territory limitations
5. License Fees: Payment terms, fee structure, and payment schedules for the license
6. Maintenance Services: Description of maintenance and support services, service levels, and response times
7. Maintenance Fees: Payment terms and fee structure for maintenance services
8. Intellectual Property Rights: Protection of IP rights, ownership declarations, and restrictions on use
9. Warranties and Representations: Warranties regarding software performance, service delivery, and compliance with UAE laws
10. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with UAE data protection laws
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Limitation of Liability: Limitations on liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Third-Party Software: Include when the software incorporates third-party components, detailing additional terms and licenses
2. Professional Services: Include when additional implementation or consulting services are required
3. Hardware Requirements: Include when specific hardware requirements are necessary for software operation
4. Disaster Recovery: Include for critical software systems requiring specific disaster recovery procedures
5. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
6. Export Control: Include when software is subject to export control regulations
7. Training Services: Include when user training is part of the agreement
8. Service Level Agreement: Include when specific performance metrics and penalties need to be defined
9. Cloud Services: Include when software is delivered as a cloud-based service
10. Localization Requirements: Include when software needs specific UAE localization features
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Specifications: Technical requirements, functionality, and performance specifications
3. Schedule 3 - Maintenance Services: Detailed scope of maintenance services, including support levels and procedures
4. Schedule 4 - Service Level Agreement: Specific service levels, metrics, and remedies for maintenance services
5. Schedule 5 - Fee Schedule: Detailed breakdown of license and maintenance fees
6. Schedule 6 - Accepted Use Policy: Terms and conditions for acceptable use of the software
7. Schedule 7 - Data Processing Agreement: Specific terms for handling personal data in compliance with UAE law
8. Appendix A - Contact Details: Key contacts for both parties for various aspects of the agreement
9. Appendix B - Support Procedures: Detailed procedures for requesting and receiving maintenance support
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Retail
Manufacturing
Government and Public Sector
Education
Telecommunications
Professional Services
E-commerce
Real Estate
Construction
Energy and Utilities
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Software Development
Technical Support
Information Security
Vendor Management
Operations
Risk Management
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
IT Operations Manager
Chief Technology Officer
Contracts Manager
Compliance Officer
Software License Administrator
Technical Support Manager
Chief Financial Officer
Enterprise Architect
Information Security Manager
Vendor Management Specialist
Business Development Manager
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