This Software License Commercial Use agreement is essential for any software company or developer operating in the Philippines who wishes to license their software products for commercial use. The document is designed to comply with Philippine legislation, particularly the Intellectual Property Code and E-Commerce Act, while providing comprehensive protection for the licensor's intellectual property rights. It should be used when granting commercial licenses to businesses for software usage, covering crucial aspects such as license scope, payment terms, usage restrictions, support services, and liability limitations. The agreement is particularly important in the Philippine context where software licensing must address local regulatory requirements while maintaining international licensing standards.
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1. Parties: Identification of the licensor and licensee, including full 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 Software, Documentation, Intellectual Property Rights, License Fee, etc.
4. Grant of License: Scope and nature of the license, including usage rights, restrictions, and territory
5. License Fee and Payment Terms: Financial terms, payment schedule, and payment methods
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Warranties and Representations: Guarantees regarding software functionality, ownership, and non-infringement
8. Support and Maintenance: Terms for technical support, updates, and maintenance services
9. Confidentiality: Protection of proprietary information and trade secrets
10. Term and Termination: Duration of the license and circumstances for termination
11. Post-Termination Obligations: Actions required after agreement ends, including software removal and data return
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Third-Party Software: Include when the licensed software incorporates third-party components or dependencies
2. Data Protection: Include when the software processes personal data, ensuring compliance with the Data Privacy Act
3. Export Controls: Include for software subject to export regulations or international use
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Professional Services: Include when additional implementation or customization services are provided
6. Service Level Agreement: Include for software provided as a service or requiring specific performance standards
7. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees Schedule: Detailed breakdown of all applicable fees and payment terms
3. Support and Maintenance Services: Detailed description of support levels, response times, and maintenance terms
4. Acceptable Use Policy: Specific rules and restrictions regarding software usage
5. Service Level Agreement Metrics: Detailed performance metrics and service levels if applicable
6. Data Processing Terms: Specific terms for handling personal data if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology
E-commerce
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Commercial Operations
Vendor Management
Intellectual Property
Risk Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Procurement Manager
IT Director
Commercial Director
Contract Manager
Intellectual Property Manager
Software Development Manager
Chief Information Officer
Chief Legal Officer
Business Development Manager
Vendor Management Officer
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