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Software services

1. Free end user licence agreement

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This document is a free-to-use software EULA or end user licence. Click-wrap and web-wrap licences can be created using this document, as well as more traditional shrink-wrap licences. The document governs the legal relationship between a licensor and its customers. Note: although this EULA can be used for B2C licences as well as B2B licences, it does not include a ...

2. Software support agreements

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Software support refers, in this context, to the provision of a helpdesk or other contact mechanism, through which the customer or the customer's users can access help, advice and assistance in relation to the software in question, and report bugs and other issues with the software.

3. Software maintenance agreements

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These software maintenance agreements are designed for use in circumstances where a software vendor will provide maintenance services with respect to its own software. Each agreement differentiates between minor updates and major software upgrades. A service level agreement attached as a schedule contains detailed provisions concerning when and how the software will be updated or upgraded.

4. Software licence agreements

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Copyright protects software and to use software legally a person needs a licence. These software licence agreements require that the licensor deliver or make available the software to the licensee. The licence itself is flexible and may be limited in a number of different ways. The usual prohibitions on use (or misuse) of the software are included. In consideration for grant of a licence, the licensee must pay a one-off licence fee or ongoing licence fees to the licensor.

5. SaaS agreements

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These agreement-style documents should only be used for a cloud or hosted software service if the parties will be negotiating the specifics of the contract. If terms will be imposed by the services provider upon the customer, and the customer will have no opportunity to suggest alternative terms, then you should consider the SaaS terms and conditions documents rather than these agreement-style documents.

6. IT support terms and conditions

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These terms and conditions should be used in relation to general IT support services provided to businesses. They are not suitable for use in relation to contracts with consumers. All these templates include an optional data protection clause to help services providers who are acting as processors (rather than controllers) comply with their obligations under data protection law.

7. Software development agreements

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Under these contracts, the developer agrees to create software on behalf of the customer and to assign (ie transfer) to the customer its intellectual property rights in that software. Rights in any third party programs or libraries incorporated into the software will be licensed either directly from the vendor of the third party software or indirectly via the developer. Charges may be fixed or time based. A standard set of software warranties is included with all the documents.

8. Video game EULAs

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As video games add features and grow more complex, so the legal issues affecting them and their licence agreements grow more complex. These end user licence agreements (EULAS) have been especially created for video games. The longer versions of the EULA include ecommerce provisions alongside the core licence and usage rules.

9. Assignment of rights in a website

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If you need to assign the copyright and other unregistered intellectual property rights in a website from one person (or company) to another person (or company) you should consider this document. Based on our standard copyright assignment, the subject matter of the transfer is designated using two key definitions: "Excluded IP" refers to the intellectual property rights that are reserved; and "Assignment IP" refers to ...

10. Assignment of rights in software

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Using this assignment document, you can transfer the copyright in a computer program or piece of software from the existing owner to a new owner. In addition, the document can also be used to transfer other unregistered intellectual property rights subsisting in the computer program (for example, database rights) alongside the copyright. Although software itself is not usually protected by moral rights, other works incorporated ...

11. Software support and maintenance agreements

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These documents make a clear distinction between support services and maintenance services. Two separate service level agreements are provided as schedules, one for support and the other for maintenance. The support provisions cover the provision of a helpdesk, response and resolution times, and limits on support services. The maintenance provisions cover notification of updates and upgrades, the provision and/or application of updates and upgrades, an the consequences of failing to apply an update or upgrade. In addition, all the documents include a GDPR-friendly data processing clause.

12. End user licence agreement

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This document is an end user licence agreement (EULA) for software. It sets out the rights and obligations of the licensor on the one hand, and of the customer or user on the other. The document may be adapted for use where the licence is being agreed upon purchase/opening (shrink-wrap), download (Web-wrap) or installation (click-wrap). The document may be used for ...

13. IT support terms and conditions (B2C)

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This is a B2C-specific version of our short-form (ie "basic") IT support services terms and conditions document. The terms and conditions have been created to regulate the supply of IT support services to consumers (not businesses). Optional provisions cover the supply of hardware and software licences. A special clause included in the document covers distance contracts and off-premises contracts - in respect of ...

14. Data processing addenda

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These addenda should be used to complement an existing contract and bring it into line with the General Data Protection Regulation (GDPR). The GDPR is relatively prescriptive about the clauses that need to be included in contracts between controllers and processors and in contracts between between processors and sub-processors. The drafting of these documents follows the requirements of the GDPR closely.

15. Framework software development agreements

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These templates provide a framework within which a customer for software development services may order particular services. After the main agreement has been signed, particular services are ordered using a statement of work. All these agreements assume that the core intellectual property rights in the software created by the developer will be assigned to the customer.

16. Source code licence agreement

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Although software developers may jealously guard their source code, from time to time it may need to be disclosed to others. For example, a developer may be required to disclose source code to another developer who is quoting for the provision of development services; alternatively, source code may need to be disclosed as part of a security review. This source code licence agreement might equally ...

17. Download terms and conditions

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These download terms and conditions templates each follow the same basic pattern, with standard clauses covering the order process, pricing and payments, distance selling rules, warranties, liability limitations and interpretation. However, the licensing clause in each document - which sets out the basis upon which a customer may use the downloaded files is tailored to the particular type of download.

18. SaaS terms and conditions

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These terms and conditions have been designed for business-to-business contract for the provision of software-as-a-service. Each document is accompanied by a services order form, which can be used online or offline, and which the parties must sign or otherwise agree in order to bring the contract into force. All versions are also accompanied by an acceptable use policy, setting out the detailed rules about use and misuse of the service, and a GDPR-friendly data processing clause.

19. Software development and maintenance agreements

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Combining contract clauses concerning the creation and assignment of rights in software with clauses concerning the maintenance of software, these two-in-one agreements help you to limit the number of legal documents you need to sign.

20. Subcontractor framework agreements

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A framework agreement allows the parties to define the structure and terms of particular orders. Typically, an initial order will be entered into at the time of signature of the framework agreement, with subsequent orders being agreed by the parties as and when required. These framework subcontractor agreements are designed primarily to protect the interests of the business engaging the subcontractor, rather than the subcontractor. They include an order procedure, general clauses on the provision of services, non-solicitation clauses and confidentiality clauses.

21. Web support and maintenance agreement

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This is an agreement to govern the provision of support and/or maintenance services in relation to a websites. Support might include the provision of a helpdesk, the handling of queries raised by the client in relation to the use of the websites, the logging and investigation of bugs and errors in the websites, adding content to the websites and/or minor changes to the ...

22. Software evaluation licence agreement

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This agreement is designed to cover the temporary licensing of software by one business to another for the sole purpose of enabling the licensee to evaluate the software. The core licensing provisions allow for a range of limitations and prohibitions, in addition to this purpose-based limitation. The document assumes that there are no commercial licence fees. However, in order to ensure that the document ...

23. Web support and maintenance terms and conditions

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Support and maintenance services in relation to a website or websites may be provided under, and regulated by, these terms and conditions. The maintenance service that are contemplated in these terms and conditions may include the provision of minor updates to the website software, as well as the provision of major version upgrades. The support services that are contemplated in these terms and conditions may ...

24. App EULA

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This end user licence agreement (EULA) has been designed for software developers that publish applications for smartphones and similar devices. It can be used for both B2B and B2C software, and for both free and paid software, subject to the comments below on cancellation rights. The vast majority of smartphone apps are delivered to users through a distribution platform, such as the Google Play store. ...

25. Data processing agreements

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Data processing agreements between controllers of personal data and their processors have long been a requirement of EU data protection law, but with the coming of the General Data Protection Regulation (GDPR) they have become more prominent. GDPR-friendly data processing agreements also tend to be longer and more complex than pre-GDPR documents. These templates are designed to help you produce a compliant document with the minimum of fuss. They track the specific requirements of the GDPR very closely, and only supplement those requirements in a few important areas.

26. Cloud service terms and conditions

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These terms and conditions regulate the use of cloud-based software services. They come in three versions: one for consumer services; one for business services; and one for services that are used by both consumers and businesses. They provide for online sign-up to the services, and each document is accompanied by an optional acceptable use policy.

27. Software licence and maintenance agreements

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Software licences - especially B2B licences - are often combined with a maintenance contract under which the licensor undertakes to keep the software up to date. Under each of the versions of this software licence and maintenance agreement, the licensor agrees to supply the software, grants a limited licence to use the software and agrees to supply and/or apply updates and/or upgrades to the software. The Licensee agrees to provide any necessary assistance (such as access to computer systems and networks) and to pay the applicable licence and maintenance fees. All versions include a service level agreement for the maintenance services, which sets out specific obligations in relation to maintenance.

28. Software licence and support agreements

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Under each of these software licence and support agreements, the licensor undertakes to supply software, grants to the licensee a right to use that software and undertakes to support that software during the term of the agreement. In consideration, the licensee undertakes to pay the licence and support fees.

29. Software licence, support and maintenance agreements

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These are business-to-business software licensing agreements incorporating provisions relating to both support and maintenance. Each agreement includes two entirely optional service level schedules, one setting on the standards that the support services must meet and one setting out the standards that the maintenance services must meet.

30. Software development, support and maintenance agreements

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The development and delivery of software is often followed by ongoing support and maintenance services, and these agreements have been designed for use in exactly those circumstances. The agreements presume that the rights in the software will be assigned (not licensed) to the customer. Support and maintenance are treated separately, with service levels for each set out in schedules to the main agreement.

31. Hosting services agreement

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This is a relatively long and sophisticated hosting services agreement. It has been designed to cover the provision of web hosting, where the hosting services provider makes available web hosting resources to the customer, and the customer has some discretion as to the use of those resources. An optional service level agreement (SLA) is included as a schedule. The SLA can be used to set ...

32. Hosting services terms and conditions

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This set of terms and conditions may be used to define and regulate the relationships of a provider of web hosting services with its customers. Three of the key concepts used in the terms and conditions are the "hosting services", the "hosting account" and the "hosting platform". The hosting services may include shared hosting, virtual hosting and/or dedicated hosting; the hosting platform is the ...

33. Software support, maintenance and consultancy agreement

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This agreement covers three different types of service: software-related support services, the maintenance of software (including updates / upgrades), and general consultancy. Optional service level agreements (SLAs) for the support and maintenance are included as schedules to this document. The SLAs set out specific requirements in relation to the provision of those services. For example, the service provider may undertake to respond to support requests ...

34. Software development, licence, support and maintenance agreements

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Even the shortest version of this agreement is relatively complex, as it has to deal with a range of different services with different contractual requirements. All versions assume that the core software development services will be provided at the outset of the contract and that the licence will be granted - and support and maintenance will begin - after the completion of those development services. Optional service level agreements for both support and maintenance are included in all versions.