Free software maintenance agreement
Software maintenance agreements are legally-binding documents that regulate the provision and receipt of maintenance services relating to software.
Maintenance services typically include the supply of software upgrades and updates, and may also include the installation of those upgrades and updates by the service provider.
Under this agreement, the charges payable with respect to the maintenance services may be fixed, periodic or time-based.
This straightforward software maintenance agreement is identical to the our basic agreement, but as it is free-of-charge it does include credit/attribution text which, under our licensing terms, you need to retain in the document.
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Free software maintenance agreement contents
- Definitions: definitions.
- Credit: docular credit (free software maintenance agreement); free documents licensing warning.
- Term: commencement of term; end of term.
Maintenance Services : maintenance services provision; standard of maintenance services; maintenance services in accordance with SLA; suspension of maintenance services.- Customerobligations: general second party obligations; access to computer systems.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
- Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss.
Force Majeure Event : obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.- Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
- Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
SCHEDULE 1 (SOFTWARE PARTICULARS)
- Identification of
Software : identification of software prompt. - Financial provisions: financial provisions prompt.
SCHEDULE 2 (MAINTENANCE SLA)
- Introduction: introduction to maintenance SLA.
Updates : notice of software updates; provision of software updates; application of software updates; provision and application of software updates; consequences of not applying software update.Upgrades : upgrade release roadmap; obligation to release upgrades; notice of software upgrades; provision of software upgrades; application of software upgrades; provision and application of software upgrades; consequences of not applying software upgrade.
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