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MSA Software Agreement

MSA Software Agreement Template for Australia

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Key Requirements PROMPT example:

MSA Software Agreement

"I need an MSA Software Agreement for a cloud-based healthcare management system that will be deployed across multiple hospitals in Australia, with strict data privacy requirements and specific provisions for 24/7 technical support and system availability."

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Document background
The MSA Software Agreement serves as the foundational contract between software providers and their business customers in Australia, establishing a comprehensive framework for long-term software licensing and service relationships. This document is typically used when organizations require ongoing access to software solutions, related services, and technical support. The agreement encompasses essential elements including license grants, service level commitments, data protection obligations, and compliance with Australian legislation such as the Privacy Act 1988 and Competition and Consumer Act 2010. It provides flexibility for multiple software products or services to be added through schedules while maintaining consistent general terms and conditions. The MSA Software Agreement is particularly crucial for businesses implementing enterprise-wide software solutions or establishing long-term software service partnerships under Australian jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties, including registered business names, ABNs, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the software services

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. License Grant: Scope of software license, usage rights, and restrictions

5. Services: Description of software services, implementation, and support services

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

7. Fees and Payment: Pricing structure, payment terms, and invoicing procedures

8. Service Levels: Performance standards, availability commitments, and remedies for non-compliance

9. Data Protection and Privacy: Compliance with Privacy Act and data handling obligations

10. Security Requirements: Security standards, breach notification procedures, and safeguards

11. Intellectual Property Rights: Ownership of IP, licensing terms, and protection of proprietary rights

12. Warranties and Disclaimers: Software warranties, service guarantees, and Australian Consumer Law compliance

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. Confidentiality: Protection of confidential information and trade secrets

15. General Provisions: Standard legal provisions including governing law, dispute resolution, and notice requirements

Optional Sections

1. Professional Services: Include when additional implementation, customization, or consulting services are required

2. Third-Party Integrations: Include when software interfaces with third-party applications or services

3. Export Controls: Include when software may be subject to international trade restrictions

4. Disaster Recovery: Include for mission-critical software requiring specific recovery procedures

5. Source Code Escrow: Include when source code access may be required under specific conditions

6. Change Control: Include when formal change management procedures are needed

7. Training and Documentation: Include when specific training or documentation requirements exist

8. Audit Rights: Include when compliance or usage auditing is required

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of software functionality and technical specifications

2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and performance standards

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule 4 - Support Services: Support levels, response times, and escalation procedures

5. Schedule 5 - Security Requirements: Detailed security standards and compliance requirements

6. Schedule 6 - Implementation Plan: Project timeline, milestones, and deliverables

7. Schedule 7 - Acceptable Use Policy: Terms of acceptable use and restrictions

8. Appendix A - Technical Requirements: Minimum system requirements and technical specifications

9. Appendix B - Data Processing Terms: Detailed data handling and privacy compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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





















































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Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

Media and Entertainment

Insurance

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk Management

Finance

Operations

Compliance

Technical Services

Commercial

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Contract Manager

Software Development Manager

Information Security Officer

Privacy Officer

Risk Manager

Operations Director

Technical Project Manager

Vendor Management Officer

Chief Financial Officer

Commercial Director

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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