The Third-Party EULA is essential for software providers operating in the Philippines who integrate or distribute third-party software components within their products. This agreement is specifically designed to comply with Philippine legislation, including the Data Privacy Act of 2012, Electronic Commerce Act, and Intellectual Property Code. The document should be used whenever a software provider needs to establish clear terms for the use of third-party software components, protecting both the original software creator's rights and the end-user's interests. It includes comprehensive provisions for data protection, usage rights, liability limitations, and warranty disclaimers, all tailored to meet Philippine legal requirements. The 3rd Party EULA is particularly important in the context of software distribution chains where multiple parties' rights and obligations need to be clearly defined and protected.
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1. Parties: Identification of the software owner/licensor and the end user/licensee
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Key terms used throughout the agreement, including technical terms, parties, and important concepts
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. Terms of Use: Specific conditions and restrictions on software use, including number of users, devices, or installations
6. Intellectual Property Rights: Statement of ownership and protection of IP rights in the software
7. Privacy and Data Protection: Compliance with Philippine Data Privacy Act and data handling practices
8. User Obligations: End user responsibilities and prohibited activities
9. Warranties and Disclaimers: Limited warranties provided and disclaimers of liability
10. Limitation of Liability: Limits on liability and damages in compliance with Philippine law
11. Term and Termination: Duration of the license and conditions for termination
12. Governing Law: Application of Philippine law and jurisdiction
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Maintenance and Support: Terms for technical support and software updates, if offered
2. Payment Terms: Include if the software requires payment or has subscription fees
3. Third-Party Components: Details of third-party software components and their respective licenses
4. Export Controls: Include if software is subject to international distribution
5. Service Level Agreement: Include for software with online components or cloud services
6. Audit Rights: Include for enterprise software requiring compliance monitoring
7. Data Processing Agreement: Detailed data processing terms if software processes sensitive personal data
1. Schedule A - Software Description: Detailed description of the software, including version and components
2. Schedule B - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule C - Fee Schedule: Pricing details and payment terms if applicable
4. Schedule D - Support Services: Details of support services and service level commitments
5. Appendix 1 - Privacy Policy: Detailed privacy policy compliant with Philippine Data Privacy Act
6. Appendix 2 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Telecommunications
Government
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Compliance
Software Development
Product Management
Risk Management
Procurement
Business Development
Data Protection
Contract Administration
Relevant Roles
Legal Counsel
Software Development Manager
Compliance Officer
IT Director
Product Manager
Licensing Manager
Chief Technology Officer
Intellectual Property Attorney
Data Protection Officer
Software Distribution Manager
Contract Administrator
Business Development Manager
Risk Management Officer
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