The Software License And Support Agreement is essential for any software provider offering licensed products and ongoing support services in the United States. This document serves as the primary contract governing the relationship between software providers and their customers, establishing clear terms for software usage, maintenance, and support obligations. It addresses critical aspects such as intellectual property rights, liability limitations, service level commitments, and compliance with U.S. federal and state regulations. The agreement is particularly important in protecting both parties' interests while ensuring clear expectations for software deployment, updates, and ongoing support services.
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1. Parties: Identification of the licensor and licensee, including legal entities and contact details
2. Background: Context of the agreement and brief description of the software and services
3. Definitions: Key terms used throughout the agreement
4. License Grant: Scope, terms, and restrictions of the software license
5. Support Services: Description of support and maintenance services provided
6. Fees and Payment: Payment terms, pricing, and billing arrangements
7. Intellectual Property Rights: Ownership and protection of IP rights
8. Confidentiality: Protection of confidential information
9. Term and Termination: Duration and termination conditions
10. Warranties and Disclaimers: Warranty terms and limitations
1. Data Protection: Terms relating to data privacy and security (when personal data is processed or stored)
2. Export Controls: Compliance with export regulations (when software may be exported internationally)
3. Source Code Escrow: Terms for source code protection (when source code access might be required)
4. Professional Services: Additional implementation or consulting services (when additional services are offered beyond support)
1. Schedule A - Software Description: Detailed description of licensed software and components
2. Schedule B - Service Level Agreement: Specific performance metrics and service levels
3. Schedule C - Support Services Description: Detailed support terms, response times, and escalation procedures
4. Schedule D - Fee Schedule: Detailed pricing and payment terms
5. Schedule E - Acceptable Use Policy: Terms governing acceptable use of the software
6. Schedule F - Data Processing Agreement: Detailed terms for data processing and protection
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