The Software Partnership Agreement is a crucial legal instrument used when two or more entities in the Philippines or involving Philippine jurisdiction wish to collaborate on software-related ventures. This document is essential for partnerships involving software development, distribution, implementation, or maintenance projects. It addresses key aspects such as intellectual property rights, revenue sharing mechanisms, technical responsibilities, and operational procedures, while ensuring compliance with Philippine regulations including the Electronic Commerce Act (RA 8792), Data Privacy Act (RA 10173), and Intellectual Property Code (RA 8293). The agreement is particularly relevant in today's digital economy where software collaborations are becoming increasingly common and complex, requiring clear legal frameworks to protect all parties' interests and establish well-defined partnership parameters.
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1. Parties: Identification and details of the partnering entities
2. Background: Context of the partnership and brief description of each party's business
3. Definitions: Detailed definitions of technical terms, business concepts, and other important terms used in the agreement
4. Partnership Scope and Objectives: Detailed description of the partnership's purpose, goals, and scope of collaboration
5. Roles and Responsibilities: Specific duties and obligations of each partner in the software partnership
6. Intellectual Property Rights: Ownership and licensing of existing and newly developed software, source code, and related materials
7. Financial Terms: Revenue sharing, cost allocation, investment requirements, and financial obligations
8. Technical Cooperation: Framework for technical collaboration, development standards, and quality requirements
9. Data Protection and Security: Obligations regarding data privacy, security measures, and compliance with Philippine data protection laws
10. Term and Termination: Duration of the partnership, renewal terms, and termination conditions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Guarantees and assertions made by each party
13. Liability and Indemnification: Allocation of risks and responsibilities for damages
14. Dispute Resolution: Procedures for resolving conflicts, including jurisdiction and governing law provisions
15. General Provisions: Standard legal clauses including notices, amendments, and severability
1. Exclusivity: Terms regarding exclusive partnership rights, if applicable
2. International Operations: Specific provisions for cross-border activities and compliance with international laws
3. Marketing and Branding: Guidelines for joint marketing efforts and brand usage
4. Training and Support: Requirements for technical training and ongoing support services
5. Source Code Escrow: Arrangements for source code protection and access conditions
6. Performance Metrics: Specific KPIs and performance evaluation criteria
7. Insurance Requirements: Specific insurance coverage requirements for each party
8. Disaster Recovery: Procedures and responsibilities for business continuity and disaster recovery
1. Schedule A - Technical Specifications: Detailed technical requirements and specifications of the software
2. Schedule B - Service Levels: Performance standards, metrics, and service level agreements
3. Schedule C - Revenue Sharing Formula: Detailed calculation methods for revenue sharing and financial arrangements
4. Schedule D - Development Milestones: Timeline and deliverables for software development phases
5. Schedule E - Security Requirements: Specific security protocols and compliance requirements
6. Schedule F - Licensed Materials: List of licensed software, tools, and intellectual property
7. Appendix 1 - Contact Details: Key contact persons and their details for each party
8. Appendix 2 - Technical Support Procedures: Procedures for requesting and providing technical support
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