The Software Use License agreement is essential for organizations operating in the Philippines that need to establish clear legal parameters for software usage. This document is particularly relevant when a software owner wishes to grant usage rights while maintaining ownership and control over their intellectual property. The agreement must comply with Philippine legislation, including the Intellectual Property Code (RA 8293), E-commerce Act (RA 8792), and Data Privacy Act (RA 10173). It typically includes comprehensive terms covering license scope, usage restrictions, maintenance, support, and termination conditions. The Software Use License is crucial for protecting both the licensor's intellectual property rights and the licensee's usage rights while ensuring compliance with Philippine technology and commerce regulations.
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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 the parties' intention to enter into a licensing arrangement
3. Definitions: Detailed definitions of technical terms, legal terms, and other important concepts used throughout the agreement
4. Grant of License: Specific rights being granted, type of license (non-exclusive/exclusive), and scope of permitted use
5. License Restrictions: Explicit limitations on use, prohibited activities, and restrictions on modification or redistribution
6. License Fee and Payment Terms: Financial terms, payment schedule, and consequences of payment default
7. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
8. Intellectual Property Rights: Assertion of ownership rights, protection of IP, and handling of improvements or derivatives
9. Warranties and Disclaimers: Software performance warranties, disclaimer of specific warranties, and limitation of liability
10. Confidentiality: Protection of confidential information and trade secrets related to the software
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for dispute resolution
12. General Provisions: Standard clauses including severability, entire agreement, and amendment procedures
1. Data Privacy and Protection: Required when software processes personal data, ensuring compliance with the Data Privacy Act
2. Service Level Agreement: Include when providing specific performance guarantees or maintenance services
3. Export Control: Necessary when software may be subject to international use or transfer restrictions
4. Source Code Escrow: Include when providing source code access under specific conditions
5. Training and Support: Required when offering additional services beyond basic software use
6. Audit Rights: Include when licensor needs rights to audit licensee's use of software
7. Insurance Requirements: Necessary for high-risk or mission-critical software applications
1. Schedule A - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule B - License Fees: Detailed breakdown of licensing fees, payment schedules, and pricing tiers
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule D - Support Services: Details of maintenance, technical support, and service level commitments
5. Appendix 1 - Authorized Users: List of authorized users or user categories and their access levels
6. Appendix 2 - Security Requirements: Security protocols and requirements for software use and data protection
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government
E-commerce
Banking
Insurance
Business Process Outsourcing
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Information Security
Software Asset Management
Contract Administration
Business Development
Relevant Roles
Chief Technology Officer
IT Manager
Software Licensing Manager
Legal Counsel
Procurement Manager
Compliance Officer
Software Asset Manager
Contract Administrator
IT Director
Chief Information Officer
Information Security Officer
Risk Manager
Business Development Manager
Operations Manager
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