The Software License And Service Agreement is essential for organizations providing or procuring software solutions with associated services in Nigeria. This document is typically used when a software provider wishes to license their software product while also committing to providing ongoing services such as maintenance, support, or implementation. It must comply with Nigerian legislation, including the Copyright Act, NDPR, and Cybercrimes Act, while addressing both technical and commercial aspects of the relationship. The agreement protects the intellectual property rights of the software provider while ensuring the customer receives defined service levels and support. It's particularly relevant for both business-to-business (B2B) and business-to-consumer (B2C) transactions in Nigeria's growing technology sector, and can be adapted for various deployment models including on-premises and cloud-based solutions.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, brief description of the software and services
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope of software license, usage rights, and restrictions
5. Services: Description of services to be provided, including maintenance and support
6. Fees and Payment: License fees, service fees, payment terms, and invoicing
7. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement provisions
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection and Security: Compliance with NDPR and security requirements
10. Warranties and Representations: Software and service warranties, disclaimers
11. Limitation of Liability: Caps on liability and exclusions
12. Term and Termination: Duration, renewal, termination rights and consequences
13. Dispute Resolution: Process for resolving disputes, governing law, and jurisdiction
14. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Professional Services: Details of implementation, configuration, or customization services if provided
2. Hardware Requirements: Include if specific hardware is required or provided with the software
3. Third-Party Software: If third-party software is incorporated, include terms and conditions
4. Source Code Escrow: Include for enterprise customers requiring source code protection
5. Service Level Agreement: Detailed service levels if premium support is offered
6. Consumer Protection Terms: Additional protections required for B2C agreements
7. Change Control: Process for managing changes to software or services in complex implementations
8. Disaster Recovery: Include for critical software systems requiring business continuity provisions
1. Schedule 1 - Software Description: Detailed description of the software, modules, and functionality
2. Schedule 2 - Service Specifications: Detailed description of maintenance, support, and other services
3. Schedule 3 - Service Level Agreement: Performance metrics, response times, and service credits
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Technical Requirements: Software system requirements and technical specifications
6. Schedule 6 - Data Processing Terms: Detailed data protection and processing requirements per NDPR
7. Appendix A - Authorized Users: List of authorized users or user categories if applicable
8. Appendix B - Support Procedures: Detailed support escalation procedures and contact information
Relevant legal definitions
Acceptance Criteria
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
License Term
Maintenance
Personal Data
Professional Services
Service Credits
Service Hours
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
User Acceptance Testing
Virus
Working Hours
Incident
Response Time
Resolution Time
Maintenance Window
Authorized Devices
Critical Error
Data Protection Laws
Disaster Recovery Plan
Enhancement
Error
Good Industry Practice
Implementation Services
Intellectual Property
License Key
Materials
Modifications
Named Users
Operating Environment
Release
Service Provider
Site
Software Module
Support Level
Technical Specification
Training Services
Upgrade
User Documentation
Warranty Period
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
License Term
Maintenance
Personal Data
Professional Services
Service Credits
Service Hours
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
User Acceptance Testing
Virus
Working Hours
Incident
Response Time
Resolution Time
Maintenance Window
Authorized Devices
Critical Error
Data Protection Laws
Disaster Recovery Plan
Enhancement
Error
Good Industry Practice
Implementation Services
Intellectual Property
License Key
Materials
Modifications
Named Users
Operating Environment
Release
Service Provider
Site
Software Module
Support Level
Technical Specification
Training Services
Upgrade
User Documentation
Warranty Period
Clauses
License Grant
Usage Restrictions
Intellectual Property Rights
Service Delivery
Service Levels
Support and Maintenance
Implementation
Fees and Payment
Confidentiality
Data Protection
Information Security
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Acceptance Testing
Training
Documentation
Audit Rights
Assignment
Subcontracting
Change Control
Dispute Resolution
Governing Law
Notices
Source Code Escrow
Business Continuity
Third Party Rights
Entire Agreement
Severability
Competition Law
Export Control
Performance Obligations
User Access
System Requirements
Maintenance Windows
Version Control
Disaster Recovery
Customer Obligations
Insurance
Reporting
Quality Assurance
Compliance with Laws
Anti-Corruption
Amendments
Waiver
Usage Restrictions
Intellectual Property Rights
Service Delivery
Service Levels
Support and Maintenance
Implementation
Fees and Payment
Confidentiality
Data Protection
Information Security
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Acceptance Testing
Training
Documentation
Audit Rights
Assignment
Subcontracting
Change Control
Dispute Resolution
Governing Law
Notices
Source Code Escrow
Business Continuity
Third Party Rights
Entire Agreement
Severability
Competition Law
Export Control
Performance Obligations
User Access
System Requirements
Maintenance Windows
Version Control
Disaster Recovery
Customer Obligations
Insurance
Reporting
Quality Assurance
Compliance with Laws
Anti-Corruption
Amendments
Waiver
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Telecommunications
E-commerce
Manufacturing
Education
Professional Services
Government and Public Sector
Retail
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Service Delivery
Sales
Compliance
Finance
Information Security
Commercial
Customer Support
Operations
Relevant Roles
Chief Technology Officer
Head of Legal
IT Director
Software Licensing Manager
Procurement Manager
Contract Manager
Legal Counsel
Software Development Manager
Service Delivery Manager
Chief Information Officer
Compliance Officer
Commercial Director
Chief Financial Officer
IT Security Manager
Account Manager
Sales Director
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