Guidelines for Software Agreements
“Software service agreements” are important legal documents which regulate the use of software, licensing, intellectual property rights, rights and responsibilities of the parties, and often prevent disputes or serve as legal basis in litigation.
As part of the Software Service Agreement, the following titles should be included:
- Definitions: A section containing definitions of terms and concepts in the contract.
- Information of the Parties: The section that contains basic information such as the name, address, contact information of the parties signing the contract.
- Purpose: The part that explains the purpose and scope of the contract.
- Licensing and Use Rights: The software’s licensing terms, usage rights and restrictions, regulations on copyright and intellectual property rights.
- Fee and Payment Terms: The section stating the fees and payment terms for the licensing or use of the software.
- Support and Maintenance Services: The section where the terms, periods and services to be provided regarding the support and maintenance services of the software are specified.
- Limitations of Liability and Cancellation Conditions: Provisions limiting the responsibilities and liabilities of the parties, the section explaining how the contract can be terminated and cancellation conditions.
- Intellectual Property Rights: Regulations regarding the intellectual property rights of the software, provisions protecting the rights of the parties and copyright notices.
- Data Security and Privacy: Provisions regarding the protection of customer data, privacy policies, measures to be taken in case of data breaches.
- Legal Compliance: Provisions regarding the commitments and requirements of the parties to ensure compliance with relevant legal regulations.
- Dispute Resolution: Provisions specifying how to resolve disputes that may arise between the parties, options such as arbitration or court proceedings.
- General Provisions: The validity period of the contract, the authority to make changes, the method and notification addresses to be used by the parties for notifications, and the provisions regarding the transfer of the contract to another person should be included in this section.