The License and Service Agreement is essential for businesses operating in the Philippines that provide both licensed technology products and associated services to their customers. This dual-purpose agreement is particularly relevant in today's digital economy where software and technology services are often bundled together. The document addresses key aspects required under Philippine law, including intellectual property rights protection, data privacy compliance, consumer protection, and electronic commerce regulations. It's typically used when a provider wishes to license their technology while also committing to providing ongoing services such as maintenance, support, or professional services. The agreement must comply with various Philippine regulations including the Intellectual Property Code (RA 8293), Data Privacy Act (RA 10173), and E-commerce Act (RA 8792), making it suitable for both domestic and international businesses operating in the Philippine market.
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1. Parties: Identification of the licensor/service provider and licensee/customer, including their legal status and registered addresses
2. Background: Context of the agreement, nature of the license and services being provided, and general commercial intent
3. Definitions: Detailed definitions of technical terms, commercial terms, and other key concepts used throughout the agreement
4. License Grant: Scope of the license, including territory, duration, and whether exclusive or non-exclusive
5. Services Description: Detailed description of services to be provided, including scope and deliverables
6. Service Levels: Performance standards, metrics, and service level commitments
7. Fees and Payment Terms: License fees, service fees, payment schedule, and payment methods
8. Intellectual Property Rights: Ownership of IP, restrictions on use, and protection measures
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: Compliance with Philippine Data Privacy Act and data handling procedures
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Warranties and Representations: Standard warranties regarding services, software, and authority to contract
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. General Provisions: Standard boilerplate including governing law, notices, and assignment
1. Change Control: Procedures for managing changes to services or licensed materials - include if services are likely to evolve
2. Source Code Escrow: Terms for source code escrow arrangements - include if software is business-critical
3. Professional Services: Additional implementation or consulting services - include if professional services are part of the arrangement
4. Training: Training obligations and requirements - include if training is a significant component
5. Disaster Recovery: Disaster recovery and business continuity provisions - include for critical systems
6. Security Requirements: Specific security standards and requirements - include for sensitive data handling
7. Migration Assistance: Terms for transition assistance upon termination - include for complex service arrangements
8. Audit Rights: Rights to audit compliance and usage - include for high-value or regulated services
1. Service Description Schedule: Detailed technical specifications of services and deliverables
2. Service Level Agreement: Detailed service levels, metrics, and remedies for failure
3. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Technical Requirements: Technical specifications and requirements for the licensed materials
5. Support Services: Details of support and maintenance services
6. Data Processing Agreement: Detailed data protection and processing terms compliant with Philippine law
7. Acceptable Use Policy: Terms governing acceptable use of licensed materials and services
8. Security Standards: Detailed security requirements and standards to be maintained
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Financial Services
Healthcare
E-commerce
Telecommunications
Manufacturing
Professional Services
Education
Business Process Outsourcing
Banking
Insurance
Retail
Relevant Teams
Legal
Information Technology
Procurement
Vendor Management
Compliance
Contract Administration
Software Asset Management
Service Delivery
Commercial Operations
Risk Management
Technology Operations
Legal Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Vendor Management Officer
Contract Administrator
Chief Information Officer
Commercial Director
Legal Operations Manager
IT Procurement Specialist
Chief Legal Officer
Technology Compliance Manager
Software Asset Manager
Service Delivery Manager
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