The Software Subscription Agreement serves as the primary contract governing the relationship between software providers and their subscribers in the United States. This document is essential when offering software solutions on a subscription basis, whether cloud-based or locally installed. It details the scope of services, usage rights, payment structures, service level commitments, and compliance requirements. The agreement incorporates provisions addressing U.S. federal and state requirements for data protection, consumer rights, and electronic transactions, while establishing clear guidelines for subscription management, support services, and dispute resolution.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Subscription Services: Detailed description of software services provided
5. Payment Terms: Pricing, payment schedule, and related conditions
6. Term and Termination: Duration, renewal, and termination conditions
7. License Grant: Scope and limitations of software usage rights
8. Service Level Agreement: Performance standards and metrics
9. Intellectual Property Rights: Rights and restrictions regarding IP ownership and usage
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection and Privacy: Compliance with privacy laws and data handling requirements
12. Warranties and Disclaimers: Service warranties and limitation of liability
13. Indemnification: Mutual obligations for loss protection and compensation
14. General Provisions: Miscellaneous legal terms including governing law, notices, and assignment
1. Professional Services: Additional services such as implementation, training, or consulting support
2. White Labeling: Terms and conditions for rebranding the software under customer's brand
3. Geographic Restrictions: Limitations on territorial usage and compliance with local laws
4. Third-Party Integrations: Terms governing integration with third-party software or services
5. Export Controls: Compliance with export control regulations and restrictions
1. Service Level Agreement Details: Detailed performance metrics, uptime guarantees, and service standards
2. Pricing Schedule: Detailed pricing tiers, models, and payment terms
3. Data Processing Agreement: Specific terms for data handling, processing, and privacy compliance
4. Support Services Description: Details of technical support levels, response times, and escalation procedures
5. Security Requirements: Security protocols, compliance requirements, and incident response procedures
6. Acceptable Use Policy: Guidelines and restrictions for acceptable use of the software service
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