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Software Development And Licence Agreement
"I need a Software Development And Licence Agreement for a mobile banking app development project with a third-party developer, including source code escrow provisions and strict data protection requirements to comply with financial services regulations."
1. Parties: Identifies and defines the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of software development services to be provided
5. Project Timeline and Deliverables: Specific milestones, deadlines, and deliverables
6. Payment Terms: Pricing, payment schedule, and invoicing details
7. Intellectual Property Rights: Ownership and licensing of IP in developed software
8. Warranties and Representations: Guarantees regarding service quality and performance
9. Term and Termination: Duration of agreement and termination provisions
1. Change Control: Process for managing changes to project scope - recommended for complex projects with likely scope changes
2. Source Code Escrow: Provisions for source code protection - recommended when client requires source code security
3. Service Level Agreement: Specific performance metrics and standards - recommended for ongoing maintenance arrangements
4. Data Protection: GDPR and data protection obligations - required when personal data processing is involved
5. Third-Party Software: Terms relating to third-party components - required when third-party software is incorporated
1. Technical Specification: Detailed technical requirements and functionality
2. Project Plan: Detailed timeline, resources, and milestones
3. Pricing Schedule: Detailed breakdown of costs and payment structure
4. Service Level Agreement: Detailed performance metrics and remedies
5. Acceptance Test Criteria: Criteria for accepting deliverables
6. Data Processing Agreement: Detailed data protection obligations and procedures
Authors
Acceptance Tests
Background IPR
Business Day
Change Control
Confidential Information
Contract Price
Deliverables
Development Services
Documentation
Effective Date
Force Majeure Event
Foreground IPR
Good Industry Practice
Intellectual Property Rights
Licensed Software
Maintenance Services
Milestone
Open Source Software
Personal Data
Project Plan
Project Manager
Service Level Agreement
Software
Software Specification
Source Code
Technical Requirements
Term
Third Party Software
Updates
User Acceptance Testing
Warranty Period
Working Hours
Appointment
Development Services
Project Management
Developer Obligations
Client Obligations
Change Control
Testing and Acceptance
Delivery
Payment
Intellectual Property Rights
Software License
Source Code
Documentation
Warranties
Maintenance and Support
Service Levels
Confidentiality
Data Protection
Force Majeure
Limitation of Liability
Indemnification
Term and Termination
Exit Management
Non-Solicitation
Assignment and Subcontracting
Dispute Resolution
Notices
Force Majeure
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Governing Law and Jurisdiction
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