The Commercial License Software agreement is essential for businesses operating in the Philippines that either provide or acquire software for commercial use. This document is specifically designed to comply with Philippine legislation, including the Intellectual Property Code, E-commerce Act, and Data Privacy Act. It is used when a software provider grants a commercial license to a business entity, covering crucial aspects such as license scope, usage rights, fees, maintenance, and support services. The agreement protects both parties' interests while ensuring compliance with local regulations and industry standards. It's particularly relevant in today's digital economy where software licensing forms a crucial part of business operations and technology adoption in the Philippines.
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1. Parties: Identification of the licensor and licensee, including complete legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Key terms used throughout the agreement, including technical terms, 'Software', 'Documentation', 'Intellectual Property Rights', etc.
4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions
5. License Fees and Payment Terms: Payment obligations, payment schedule, late payment consequences, and taxes
6. Intellectual Property Rights: Ownership of IP rights, protection measures, and restrictions on use
7. Licensee Obligations: Requirements for software use, security measures, and usage restrictions
8. Support and Maintenance: Terms for technical support, updates, and maintenance services
9. Warranties and Representations: Software performance guarantees and compliance with Philippine laws
10. Limitation of Liability: Scope of liability limitations and exclusions under Philippine law
11. Term and Termination: Duration of the license, renewal terms, and termination conditions
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction for dispute resolution
14. General Provisions: Standard clauses including notices, amendments, and severability
1. Data Privacy and Protection: Required when the software processes personal data, ensuring compliance with the Data Privacy Act of 2012
2. Third-Party Software: Needed when the licensed software incorporates third-party components
3. Export Control: Required for software with international distribution or containing controlled technology
4. Source Code Escrow: Optional protection for business-critical software implementations
5. Service Level Agreement: Required for software with specific performance requirements or cloud-based solutions
6. Disaster Recovery: Important for mission-critical software applications
7. Training and Implementation: Needed when the software requires significant user training or complex implementation
8. Audit Rights: Important for licenses based on usage metrics or compliance requirements
1. Schedule A - Software Description: Detailed description of the licensed software, including modules and functionality
2. Schedule B - Technical Requirements: Hardware and software requirements for operating the licensed software
3. Schedule C - License Fees: Detailed breakdown of license fees, payment schedules, and pricing models
4. Schedule D - Service Level Requirements: Performance metrics, response times, and service quality standards
5. Schedule E - Support Services: Details of support and maintenance services, including response times and escalation procedures
6. Schedule F - Authorized Users: Definition and limitations of authorized users and access rights
7. Appendix 1 - Data Processing Terms: Specific terms for data processing compliance with Philippine Data Privacy Act
8. Appendix 2 - Security Requirements: Security protocols and requirements for software implementation and use
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Government and Public Sector
E-commerce
Business Process Outsourcing
Real Estate
Construction
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Information Security
Risk Management
Vendor Management
Software Development
Technical Operations
Contract Administration
Business Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Compliance Officer
Information Security Manager
Chief Information Officer
Contract Administrator
Business Development Manager
Technical Account Manager
Risk Manager
Chief Financial Officer
Enterprise Architect
Vendor Management Specialist
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