The Copyright Software License Agreement is a crucial legal instrument used in the Philippines when a software owner (licensor) grants permission to another party (licensee) to use their copyrighted software under specific terms and conditions. This document is essential for protecting intellectual property rights while enabling software commercialization and distribution. It must comply with the Philippine Intellectual Property Code, E-Commerce Act, and other relevant local regulations. The agreement typically includes detailed provisions on usage rights, restrictions, payment terms, warranties, and support obligations. This type of contract is particularly important given the growing digital economy in the Philippines and the need to protect software developers' rights while ensuring clear terms of use for licensees.
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1. Parties: Identification of the licensor and licensee with complete legal names and addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Scope and nature of the license granted, including usage rights and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Assertion of ownership and protection of IP rights in the software
7. Term and Termination: Duration of the license and circumstances for termination
8. Licensee Obligations: Responsibilities and restrictions on the licensee's use of the software
9. Warranties and Disclaimers: Software performance warranties and limitation of liability
10. Confidentiality: Protection of proprietary information and trade secrets
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Source Code Escrow: Terms for source code escrow arrangements, recommended for critical business applications
2. Service Level Agreement: Performance metrics and support standards, relevant for hosted or maintained software
3. Data Protection: Compliance with Data Privacy Act requirements, necessary if personal data is processed
4. Third-Party Components: Declaration and terms related to third-party software components
5. Export Controls: Export compliance terms, necessary for international distribution
6. Installation and Training: Terms regarding software implementation and user training services
7. Disaster Recovery: Provisions for backup and recovery procedures, important for critical systems
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Fees and Payment Terms: Detailed breakdown of pricing, payment structure and schedules
3. Schedule C - Service Level Terms: Detailed support and maintenance specifications if applicable
4. Schedule D - Acceptable Use Policy: Specific rules and restrictions for software usage
5. Schedule E - Technical Requirements: Hardware and system requirements for software operation
6. Appendix 1 - Data Processing Terms: Detailed terms for handling personal data if applicable
7. Appendix 2 - Security Requirements: Security protocols and requirements for software usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Government
Telecommunications
Professional Services
Media and Entertainment
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Risk Management
Vendor Management
Contract Administration
Business Development
Relevant Roles
Chief Technology Officer
Software Development Manager
Legal Counsel
IT Director
Procurement Manager
Compliance Officer
Software Licensing Manager
Contract Administrator
Chief Information Officer
Business Development Manager
Information Security Officer
Risk Manager
Software Asset Manager
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