This Software Purchase Agreement template is designed for use in software acquisition transactions within the Nigerian jurisdiction. It serves as a comprehensive legal framework for organizations purchasing software licenses, applications, or systems from vendors. The agreement covers essential aspects including software specifications, license terms, implementation requirements, warranties, and support services. It is structured to comply with Nigerian legal requirements, including the Copyright Act, Cybercrimes Act, and Data Protection Regulation, while addressing practical aspects of software procurement. This document is particularly relevant for both domestic and international software transactions where Nigerian law governs the relationship between the vendor and purchaser.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Software Description: Detailed description of the software being purchased, including version numbers and components
5. License Grant: Terms of the software license, including scope, restrictions, and permitted uses
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. Payment Terms: Purchase price, payment schedule, and payment methods
8. Warranties: Warranties regarding software performance, functionality, and compliance with specifications
9. Intellectual Property Rights: Protection of IP rights and ownership of the software
10. Confidentiality: Obligations regarding confidential information protection
11. Term and Termination: Duration of the agreement and conditions for termination
12. Limitation of Liability: Limits on liability and exclusions of certain types of damages
13. General Provisions: Standard contractual provisions including governing law, notices, and assignment
1. Maintenance and Support: Terms for ongoing maintenance and technical support (if purchased separately)
2. Training: Provisions for user training and knowledge transfer (if included in the purchase)
3. Data Protection: Specific provisions for handling personal data if the software processes personal information
4. Source Code Escrow: Arrangements for source code escrow if agreed between parties
5. Custom Development: Terms for any customization or bespoke development of the software
6. Service Level Agreement: Performance metrics and service levels if ongoing support is included
7. Third-Party Software: Terms relating to third-party software components if included
8. Export Control: Compliance with export control laws if software crosses international borders
9. Insurance: Insurance requirements if significant risk is involved
1. Schedule 1 - Software Specifications: Detailed technical specifications of the software
2. Schedule 2 - License Terms: Detailed license terms and conditions
3. Schedule 3 - Service Level Agreement: Detailed service levels and performance metrics
4. Schedule 4 - Implementation Plan: Timeline and milestones for software implementation
5. Schedule 5 - Pricing and Payment Schedule: Detailed breakdown of costs and payment timeline
6. Schedule 6 - Support and Maintenance Terms: Detailed support and maintenance provisions
7. Appendix A - Technical Requirements: Customer's technical environment requirements
8. Appendix B - Acceptance Testing Criteria: Criteria for accepting the software
9. Appendix C - Contact Details: Key contacts for both parties
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