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Software Sales Agreement

Software Sales Agreement Template for Ireland

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Key Requirements PROMPT example:

Software Sales Agreement

"I need a Software Sales Agreement for enterprise-level SaaS accounting software that will be sold to Irish financial institutions, with strict data protection clauses and service level commitments for 99.9% uptime."

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Document background
This Software Sales Agreement template is designed for use in software transactions governed by Irish law, suitable for both business-to-business and business-to-consumer arrangements. It provides a comprehensive framework for software sales and licensing, incorporating provisions required under Irish and EU legislation, including the Sale of Goods and Supply of Services Act 1980, GDPR, and e-commerce regulations. The agreement is particularly relevant for transactions involving software licenses, maintenance services, and implementation services, whether for on-premises or cloud-based solutions. It includes provisions for intellectual property protection, data processing, service levels, and support obligations, making it suitable for both standard software sales and more complex implementations requiring customization or integration services.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general commercial intent

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope and terms of the software license being granted

5. Delivery and Installation: Terms for software delivery, installation and acceptance

6. Fees and Payment: Payment terms, pricing, and invoicing arrangements

7. Intellectual Property Rights: IP ownership, rights and restrictions

8. Warranties and Representations: Standard warranties regarding software functionality and performance

9. Support and Maintenance: Basic support and maintenance obligations

10. Data Protection: GDPR compliance and data processing obligations

11. Confidentiality: Protection of confidential information

12. Limitation of Liability: Liability caps and exclusions

13. Term and Termination: Duration of agreement and termination rights

14. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Service Levels: Include when specific performance metrics are required

2. Professional Services: Include when additional implementation or consulting services are needed

3. Source Code Escrow: Include when source code escrow arrangements are required

4. Training: Include when user training is part of the package

5. Disaster Recovery: Include for business-critical software implementations

6. Change Control: Include when formal change management procedures are needed

7. Export Controls: Include for international sales

8. Insurance: Include for high-value or high-risk implementations

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software and its functionality

2. Schedule 2 - Technical Requirements: Technical specifications and system requirements

3. Schedule 3 - Service Levels: Detailed service level commitments and metrics

4. Schedule 4 - Support Services: Detailed support and maintenance procedures

5. Schedule 5 - Fees: Detailed pricing structure and payment schedules

6. Schedule 6 - Implementation Plan: Timeline and milestones for software implementation

7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms

8. Appendix B - Acceptable Use Policy: Terms governing acceptable use of the software

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance
Acceptance Criteria
Acceptance Tests
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Contract Year
Customer Data
Data Protection Laws
Documentation
Effective Date
Error
Fees
Force Majeure Event
GDPR
Implementation Services
Initial Term
Intellectual Property Rights
License
License Term
Maintenance Release
New Version
Normal Business Hours
Personal Data
Professional Services
Root Cause Analysis
Service Credits
Service Levels
Software
Software Specification
Source Code
Support Hours
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Documentation
Virus
Vulnerability
Clauses
License Grant
Payment Terms
Delivery
Acceptance Testing
Service Levels
Support and Maintenance
Intellectual Property Rights
Data Protection
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Implementation
Training
Documentation
Audit Rights
Insurance
Assignment
Change Control
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Notice
Export Control
Source Code Escrow
Security Requirements
Business Continuity
Compliance with Laws
Anti-Bribery
Subcontracting
Personnel
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Telecommunications

Government/Public Sector

E-commerce

Media and Entertainment

Insurance

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Sales

Commercial

Information Security

Data Protection

Software Development

Solutions Architecture

Vendor Management

Business Development

Finance

Compliance

Relevant Roles

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Software Sales Manager

Commercial Director

Contract Manager

Information Security Officer

Data Protection Officer

Business Development Manager

Account Executive

Solution Architect

Software Development Manager

Vendor Management Specialist

IT Procurement Specialist

Industries
Sale of Goods and Supply of Services Act 1980: Governs contracts for the sale of goods and supply of services in Ireland, including implied terms about quality and fitness for purpose
European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013: Implements EU Directive on consumer rights, particularly relevant for distance selling and digital content
General Data Protection Regulation (GDPR): Regulates the processing of personal data and imposes obligations regarding data protection and privacy
European Communities (Electronic Commerce) Regulations 2003: Governs electronic commerce, including requirements for online contracts and information provision
Copyright and Related Rights Act 2000: Protects intellectual property rights in software and digital content
Electronic Commerce Act 2000: Provides legal recognition to electronic contracts and digital signatures
Consumer Protection Act 2007: Provides general consumer protection measures and prohibits unfair commercial practices
European Communities (Unfair Terms in Consumer Contracts) Regulations 1995: Protects consumers against unfair terms in standard form contracts
Competition Act 2002: Ensures fair competition and regulates anti-competitive practices in commercial agreements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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