Buyer

About this contract party

The term "Buyer" is used to define an individual or company that is entering into an agreement for the purpose of purchasing goods, services, assets or a legal entity from another party. An alternative definition used to define a "Buyer" is a "Purchaser", and these definitions tend to be used interchangeably in transaction documents like share purchase agreements, asset purchase agreements and board minutes.

All contract templates for

Buyer

Pilot / Trial Software Evaluation Licence

When to use this template

This Pilot or Trial License Agreement, sometimes also known as a Software Evaluation Agreement, can be used when piloting a software application between a Supplier and Customer.

It contains a minimal amount of legal provisions necessary to conduct a pilot, so that the commercial agreement can take place as fast as possible. For instance, the warranties are customizable.

It is GDPR compliant and allows the user to specify important compliance provisions such as categories of personal data and data subjects.

The Pilot Agreement contains a short Statement of Work at the top of the agreement so it is very easy to quickly read the key commercial terms.

It also contains service levels and a timetable in the schedule.

Success criteria are used as a mechanism to align both parties on what should happen upon termination of the agreement, so that a successful pilot can naturally lead into a complete sales agreement.

Key issues covered in this template

  • IP ownership of Customer Materials
  • IP ownership of know how and Supplier application improvement
  • What happens after completion of the pilot
  • Data protection and GDPR
  • Typical Supplier warranties
  • Typical Customer warranties
  • Service level agreement
  • Statement of work
  • Term and termination
  • Success criteria for the pilot
  • Customer responsibilities
  • Processing of personal data as described by the GDPR
  • Processing of SENSITIVE personal data as described by the GDPR (e.g. racial data)
  • Customer auditing of Supplier, except for that required by data protection law

What to watch out for

  • Many of the points to watch out for in customer pilot agreements are commercial and not legal, specifically when it comes to timelines. Everything takes longer than expected, so timelines ought to provide sufficient contingency time.
  • It is important to specify the statement of work, services and timetable in clear terms. Most of this is placed in the schedule and needs completing.
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