The Software License And Service Agreement is a crucial document used when a software provider grants software usage rights and commits to providing related services to a customer in Pakistan. This agreement is essential for protecting intellectual property rights while ensuring clear service delivery standards. It combines elements of software licensing with service commitments, making it suitable for both off-the-shelf and customized software solutions. The document must comply with Pakistani regulations, including the Electronic Transactions Ordinance 2002, Copyright Ordinance 1962, and Prevention of Electronic Crimes Act 2016. It is particularly important for business-critical software implementations where ongoing support and maintenance are essential components of the relationship between the provider and customer.
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1. Parties: Identification of the licensor and licensee with complete legal names and addresses
2. Background: Context of the agreement including brief description of the software and services
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license including usage rights
5. Service Terms: Description of services to be provided, including maintenance, support, and any professional services
6. Fees and Payment: License fees, service charges, payment terms, and billing procedures
7. Intellectual Property Rights: Protection of IP rights, ownership of software and developments
8. Confidentiality: Protection and handling of confidential information from both parties
9. Data Protection and Security: Compliance with Pakistani data protection laws and security measures
10. Warranties and Representations: Warranties regarding software performance, services, and legal compliance
11. Limitation of Liability: Limitations and caps on liability of both parties
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Post-Termination Obligations: Obligations of parties after agreement termination
14. Governing Law and Jurisdiction: Pakistani law as governing law and jurisdiction for disputes
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires additional security
2. Service Level Agreement: Detailed service levels and performance metrics, used for enterprise-level agreements
3. Professional Services: Terms for additional implementation, customization, or consulting services
4. Disaster Recovery: Disaster recovery and business continuity provisions, important for critical systems
5. Third-Party Software: Terms relating to third-party software components, if applicable
6. Export Control: Export control compliance terms, needed for international usage
7. Insurance: Insurance requirements, typically for enterprise agreements
8. Change Control: Procedures for managing changes to software or services, for complex implementations
1. Schedule A - Software Description: Detailed description of licensed software, modules, and functionality
2. Schedule B - Service Specifications: Detailed description of maintenance and support services
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Schedule D - Service Level Metrics: Specific service level commitments and performance metrics
5. Schedule E - Technical Requirements: Hardware, software, and network requirements for the system
6. Schedule F - Implementation Plan: Timeline and milestones for software implementation
7. Appendix 1 - Authorized Users: List of authorized users or user categories and access levels
8. Appendix 2 - Support Procedures: Detailed support and escalation procedures
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