The Software Sublicense Agreement is essential when a licensed software user wishes to extend software usage rights to other parties within the Philippine jurisdiction. This document is commonly used in scenarios where a primary licensee, often a distributor or enterprise customer, needs to provide software access to subsidiaries, affiliates, or other authorized users. The agreement must align with Philippine technology and intellectual property laws, particularly the Intellectual Property Code and E-Commerce Act. It typically includes detailed provisions on usage rights, territorial restrictions, compliance requirements, and data privacy obligations. The document serves as a crucial tool for software distribution and commercialization while protecting the interests of all parties involved in the software licensing chain.
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1. Parties: Identification of the Sublicensor and Sublicensee, including their legal names, addresses, and registration details
2. Background: Context of the agreement, including reference to the main license agreement and authority to sublicense
3. Definitions: Key terms used throughout the agreement, including technical terms, software components, and legal concepts
4. Grant of Sublicense: Scope of the sublicense, including permitted uses, restrictions, and territorial limitations
5. Term and Termination: Duration of the sublicense, renewal provisions, and circumstances for termination
6. Fees and Payment Terms: License fees, payment schedule, and any recurring charges
7. Intellectual Property Rights: Acknowledgment of IP ownership, protection of rights, and handling of improvements
8. Warranties and Representations: Warranties regarding right to sublicense, software performance, and compliance with laws
9. Limitations of Liability: Caps on liability and exclusions of certain types of damages
10. Confidentiality: Protection of confidential information and trade secrets
11. Compliance with Laws: Obligation to comply with Philippine laws, including data privacy and technology transfer regulations
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Source Code Access: Include when source code access is granted to the sublicensee
2. Technical Support and Maintenance: Include when ongoing support and maintenance services are part of the agreement
3. Data Processing Terms: Include when the software involves processing of personal data under Philippine Data Privacy Act
4. Export Controls: Include for international sublicensing arrangements
5. Escrow Provisions: Include when source code escrow arrangements are required
6. Training and Implementation: Include when training or implementation services are provided
7. Audit Rights: Include when sublicensor requires rights to audit sublicensee's use of software
8. Performance Standards: Include when specific performance metrics or service levels are guaranteed
1. Schedule A - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule B - Technical Specifications: Technical requirements, system specifications, and compatibility requirements
3. Schedule C - License Fees: Detailed breakdown of license fees, payment terms, and calculation methods
4. Schedule D - Service Level Agreement: Performance metrics, support levels, and response times if applicable
5. Schedule E - Permitted Users: List of authorized users or user categories and usage restrictions
6. Appendix 1 - Main License Terms: Relevant excerpts from the main license agreement affecting the sublicense
7. Appendix 2 - Data Processing Requirements: Specific requirements for data handling and privacy compliance
8. Appendix 3 - Implementation Plan: Timeline and milestones for software implementation if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Telecommunications
Professional Services
Government and Public Sector
E-commerce
Banking
Insurance
Business Process Outsourcing
Real Estate
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Vendor Management
Software Asset Management
Information Security
Business Development
Operations
Contract Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Compliance Officer
Contract Administrator
IT Security Manager
Business Development Manager
Software Asset Manager
Legal Operations Manager
Chief Information Officer
Technology Risk Manager
Vendor Management Officer
IP Rights Manager
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