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Software License Intellectual Property

Software License Intellectual Property Template for Philippines

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Key Requirements PROMPT example:

Software License Intellectual Property

"I need a Software License Intellectual Property agreement for a cloud-based accounting software that my company has developed, which will be licensed to financial institutions in the Philippines, with specific provisions for data privacy compliance and source code protection."

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Document background
This Software License Intellectual Property Agreement is essential for organizations engaging in software licensing transactions within the Philippine jurisdiction. It serves as a crucial legal framework for protecting intellectual property rights while facilitating software distribution and usage. The document is particularly relevant in today's digital economy where software licensing is a fundamental aspect of business operations. It incorporates provisions compliant with Philippine legislation, including the Intellectual Property Code, E-commerce Act, and Data Privacy Act. The agreement is designed to protect both licensors' intellectual property rights and licensees' usage rights, while establishing clear terms for maintenance, support, and dispute resolution. It's commonly used when software companies or developers want to license their software products while maintaining ownership of the intellectual property, or when businesses need to acquire software licenses for their operations.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses

2. Background: Context of the agreement, brief description of the software, and the parties' intentions

3. Definitions: Detailed definitions of technical terms, legal terms, and other key concepts used throughout the agreement

4. Grant of License: Scope and nature of the license being granted, including territory, exclusivity, and permitted uses

5. License Fees and Payment Terms: Financial terms, payment schedule, and any recurring fees or royalties

6. Intellectual Property Rights: Clear statement of IP ownership, protection of rights, and handling of derivative works

7. Term and Termination: Duration of the license, renewal terms, and circumstances for termination

8. Licensee Obligations: Responsibilities of the licensee including usage restrictions, security measures, and reporting requirements

9. Warranties and Representations: Guarantees regarding software ownership, performance, and compliance with laws

10. Limitation of Liability: Limits on liability and exclusions of certain types of damages

11. Confidentiality: Protection of confidential information and trade secrets

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires access to source code under specific conditions

2. Maintenance and Support: Terms for ongoing maintenance and technical support, if provided separately from the main license

3. Data Protection and Privacy: Specific provisions for handling personal data, required if the software processes user data

4. Export Controls: Compliance with export regulations, needed for international licensing

5. Training and Implementation: Terms for training and implementation services, if provided

6. Assignment and Sublicensing: Terms for transferring license rights or granting sublicenses, if permitted

7. Insurance: Insurance requirements for either party, typically included in high-value licenses

8. Audit Rights: Terms allowing licensor to audit licensee's use of the software, typically for complex enterprise licenses

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specifications and functionality of the licensed software

2. Schedule B - License Fees: Detailed breakdown of all applicable fees, payment schedules, and calculation methods

3. Schedule C - Service Levels: Performance metrics, availability requirements, and response times if applicable

4. Schedule D - Technical Requirements: Hardware and software requirements for operating the licensed software

5. Schedule E - Authorized Users: Definition and limitations of authorized users or user categories

6. Appendix 1 - Support and Maintenance Terms: Detailed terms for support and maintenance services if included

7. Appendix 2 - Data Processing Terms: Specific terms for data processing and privacy compliance if relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Background IP
Business Day
Confidential Information
Configuration
Custom Modifications
Data Protection Laws
Derivative Works
Documentation
Effective Date
End User
Force Majeure Event
Foreground IP
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Object Code
Open Source Software
Permitted Purpose
Personal Data
Related Documentation
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Information
Territory
Third Party Software
Trade Secrets
User Interface
Version
Virus
Warranty Period
Work Product
Clauses
Intellectual Property Rights
License Grant
Payment Terms
Confidentiality
Data Protection
Warranties
Liability Limitation
Indemnification
Term and Termination
Assignment
Force Majeure
Dispute Resolution
Governing Law
Integration
Notices
Performance Obligations
Security Requirements
Technical Support
Maintenance
Usage Restrictions
Audit Rights
Export Control
Source Code Escrow
Service Levels
Acceptance Testing
Implementation
Training
Documentation
Reporting
Insurance
Compliance with Laws
Third Party Rights
Non-Competition
Severability
Amendments
Survival
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Education

E-commerce

Manufacturing

Professional Services

Telecommunications

Government

Retail

Media and Entertainment

Relevant Teams

Legal

Information Technology

Software Development

Procurement

Compliance

Intellectual Property

Information Security

Contract Management

Business Development

Risk Management

Operations

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Legal Counsel

Intellectual Property Lawyer

Procurement Manager

Contract Manager

Compliance Officer

Technology Licensing Manager

Software Asset Manager

Chief Information Officer

VP of Engineering

Chief Legal Officer

IT Project Manager

Business Development Manager

Chief Information Security Officer

Industries
Intellectual Property Code of the Philippines (Republic Act No. 8293): Primary legislation governing intellectual property rights, including copyright protection for software and computer programs. Establishes the framework for IP protection, licensing, and enforcement.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and provides legal recognition of electronic documents and signatures, crucial for software licensing agreements executed electronically.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of personal information, which may be relevant if the software processes user data.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and may affect warranty terms, disclaimers, and other consumer-facing aspects of software licenses.
Philippine Competition Act (Republic Act No. 10667): May affect certain licensing terms and restrictions to ensure they don't create unfair competition or monopolistic practices.
Technology Transfer Act of 2009 (Republic Act No. 10055): Governs technology transfer arrangements and may affect licensing terms, particularly for software developed using government resources.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Relevant for provisions regarding unauthorized access, modification, or distribution of licensed software.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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