The Software Supply Agreement is a critical document used when an organization needs to procure software solutions from a vendor under UAE jurisdiction. This agreement is essential for businesses operating in the UAE that require formal documentation of software procurement, whether for off-the-shelf or custom software solutions. The document covers crucial elements including license terms, implementation procedures, support services, and compliance with UAE Federal Laws, particularly Federal Law No. 1 of 2006 on Electronic Commerce and Federal Law No. 7 of 2002 on Copyrights. It establishes clear responsibilities and obligations for both parties, incorporating necessary provisions for data protection, electronic transactions, and intellectual property rights protection specific to UAE legal requirements.
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1. Parties: Identification of the software supplier and customer, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the supply arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms, Software, Documentation, Intellectual Property Rights, etc.
4. Supply of Software: Core terms regarding the supply, delivery method, and installation of the software
5. License Grant: Scope of software license, usage rights, restrictions, and territory limitations
6. Fees and Payment: Payment terms, license fees, maintenance fees, payment schedule, and late payment consequences
7. Delivery and Installation: Timeline, delivery method, acceptance testing procedures, and installation requirements
8. Warranties and Representations: Supplier warranties regarding software functionality, performance, and compliance with specifications
9. Support and Maintenance: Terms for ongoing support, maintenance services, and service levels
10. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement procedures
11. Confidentiality: Protection of confidential information, obligations, and permitted disclosures
12. Data Protection: Compliance with UAE data protection laws, data handling, and security measures
13. Limitation of Liability: Caps on liability, exclusions, and indemnification provisions
14. Term and Termination: Duration of agreement, renewal terms, and termination rights
15. Force Majeure: Events beyond reasonable control and their consequences
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Third-Party Software: Include when the software incorporates third-party components, detailing licensing and usage terms
2. Hardware Requirements: Include when specific hardware is required for software operation
3. Training Services: Include when supplier provides user training as part of the agreement
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Export Controls: Include for international arrangements or when software is subject to export restrictions
6. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical
7. Change Control: Include when formal processes for software modifications are required
8. Service Credits: Include when performance-based service credits apply to support services
1. Software Description: Detailed technical specifications and functionality of the software
2. Service Level Agreement: Performance metrics, response times, and service quality standards
3. Fee Schedule: Detailed breakdown of all fees, payment milestones, and pricing terms
4. Support and Maintenance Services: Scope of support services, procedures, and response times
5. Acceptance Testing: Testing procedures, acceptance criteria, and timelines
6. Data Processing Agreement: Detailed terms for processing personal data in compliance with UAE law
7. Security Requirements: Security standards, protocols, and compliance requirements
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