Legal Templates
Software Evaluation Form

Software Evaluation Form for the United States

Software Evaluation Form Template for United States

A Software Evaluation Form is a legal document used in the United States that establishes the terms and conditions under which an organization can evaluate and test software products before making a purchase decision. It addresses intellectual property rights, confidentiality obligations, permitted use, evaluation period, and liability limitations while ensuring compliance with federal and state software licensing laws.

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What is a Software Evaluation Form?

The Software Evaluation Form serves as a critical legal framework for organizations seeking to assess software solutions before commitment to purchase. This document is particularly relevant in the United States where software testing must comply with federal regulations including the Computer Fraud and Abuse Act and Digital Millennium Copyright Act. The form typically includes evaluation period parameters, usage restrictions, confidentiality requirements, and intellectual property protections. It's designed to protect both the software provider's proprietary rights and the evaluator's interests during the assessment period.

What sections should be included in a Software Evaluation Form?

1. Parties: Identifies the evaluator and software provider

2. Background: Explains the purpose of the evaluation and context

3. Definitions: Key terms used throughout the form

4. Evaluation Period: Duration and terms of the evaluation period

5. Permitted Use: Scope and limitations of software usage during evaluation

6. Confidentiality: Protection of proprietary information

7. IP Rights: Intellectual property ownership and rights

What sections are optional to include in a Software Evaluation Form?

1. Technical Support: Terms of support provided during evaluation period, including availability, response times, and scope of support

2. Feedback Mechanism: Process and requirements for providing evaluation feedback, including format, timing, and specific areas of assessment

3. Data Processing Terms: Specific terms governing the handling, processing, and protection of data during the evaluation period

What schedules should be included in a Software Evaluation Form?

1. Schedule 1 - Software Specifications: Technical details and specifications of the software being evaluated

2. Schedule 2 - Evaluation Criteria: Detailed metrics and criteria for evaluating the software's performance and suitability

3. Schedule 3 - Security Requirements: Security protocols and requirements that must be followed during the evaluation period

4. Schedule 4 - Return/Destruction Protocol: Detailed procedures for returning or destroying the software and associated materials after evaluation

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

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Jurisdiction

United States

Publisher

Genie AI

Document Type

Evaluation Form

Sector

Corporate Governance

Cost

Free to use
Industries

Computer Fraud and Abuse Act (CFAA): Federal law that addresses computer-related crimes and unauthorized access to computer systems, relevant for defining permitted use and access limitations in software evaluation.

Digital Millennium Copyright Act (DMCA): Federal copyright law that protects against unauthorized access to copyrighted works and software, crucial for protecting the intellectual property rights of the software being evaluated.

Electronic Communications Privacy Act (ECPA): Regulates the interception of electronic communications, important for any software evaluation that involves communication features or data transmission.

State Data Protection Laws: Various state-specific regulations (such as CCPA in California) governing data privacy and protection, which must be considered if the software processes personal data during evaluation.

Industry-Specific Regulations: Sector-specific compliance requirements (e.g., HIPAA for healthcare) that may apply depending on the software's intended use and industry.

Trade Secret Laws: Legal framework protecting confidential business information, essential for safeguarding proprietary aspects of the software during evaluation.

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, relevant for structuring the evaluation agreement terms.

E-SIGN Act: Federal law ensuring the legal validity of electronic signatures and records, important for electronic execution of the evaluation agreement.

Product Liability Laws: Laws governing responsibility for product-related damages, necessary for establishing liability limitations during software evaluation.

Data Breach Notification Laws: State-specific requirements for reporting data breaches, crucial if security incidents occur during evaluation.

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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