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Software Supply Agreement

Software Supply Agreement Template for Australia

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Key Requirements PROMPT example:

Software Supply Agreement

"I need a Software Supply Agreement for supplying a cloud-based HR management system to a large mining company in Western Australia, with implementation scheduled for March 2025 and including source code escrow provisions."

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Document background
The Software Supply Agreement is a critical legal document used when an organization (supplier) provides software solutions to another organization (customer) in Australia. This agreement is essential for both commercial off-the-shelf software and customized solutions, establishing clear terms for software delivery, implementation, licensing, and ongoing support. It ensures compliance with Australian legislation including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant state laws. The document addresses key commercial and technical requirements while protecting both parties' interests through clearly defined obligations, warranties, and service levels. It's particularly important in the current digital transformation landscape where organizations increasingly rely on third-party software solutions for their operations.
Suggested Sections

1. Parties: Identification of the supplier and customer, including ABN/ACN and registered addresses

2. Background: Context of the agreement, including brief description of the software and purpose

3. Definitions and Interpretation: Define key terms used throughout the agreement and rules of interpretation

4. Supply of Software: Core obligations regarding the supply, installation and implementation of the software

5. License Grant: Scope of software license, usage rights, and restrictions

6. Implementation and Acceptance: Process for software implementation, testing, and acceptance criteria

7. Fees and Payment: Payment terms, fee structure, and invoicing requirements

8. Support and Maintenance: Ongoing support obligations, maintenance services, and service levels

9. Customer Obligations: Customer's responsibilities and cooperation requirements

10. Warranties: Software warranties and compliance with Australian Consumer Law

11. Intellectual Property: IP ownership, rights, and protections

12. Data Protection and Privacy: Obligations under Privacy Act and data handling requirements

13. Confidentiality: Protection of confidential information

14. Liability and Indemnities: Limitation of liability and indemnification provisions

15. Term and Termination: Contract duration, renewal, and termination rights

16. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

Optional Sections

1. Third Party Software: Include when solution includes third-party software components, defining specific terms and conditions

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

3. Service Credits: Include when specific service levels are critical and require financial remedies

4. Disaster Recovery: Include for business-critical software requiring specific recovery procedures

5. Security Requirements: Include when handling sensitive data or connecting to customer systems

6. Change Control: Include for complex implementations requiring formal change management

7. Source Code Escrow: Include when source code access might be required in specific circumstances

8. Export Control: Include when software may be subject to export restrictions

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of software, modules, and functionality

2. Schedule 2 - Service Levels: Detailed service level agreements and measurement metrics

3. Schedule 3 - Support Services: Detailed support procedures, response times, and escalation processes

4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, including license, maintenance, and support costs

5. Schedule 5 - Implementation Plan: Project plan, milestones, and deliverables for implementation

6. Schedule 6 - Acceptance Testing: Acceptance criteria, testing procedures, and sign-off requirements

7. Schedule 7 - Technical Requirements: System requirements, integration specifications, and technical standards

8. Appendix A - Form of Change Request: Template for requesting and documenting changes to scope or specifications

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





















































Clauses










































Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

Energy and Utilities

Transport and Logistics

Mining and Resources

Construction

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Commercial

Operations

Risk and Compliance

Software Development

Vendor Management

Digital Transformation

Information Security

Relevant Roles

Chief Information Officer

IT Director

Head of Procurement

Legal Counsel

Commercial Manager

Software Development Manager

IT Project Manager

Procurement Manager

Contracts Manager

Chief Technology Officer

Head of Legal

Software Licensing Manager

Vendor Management Lead

Chief Digital Officer

IT Operations Manager

Industries








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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