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Software Source Code Transfer Agreement

Software Source Code Transfer Agreement Template for Philippines

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Key Requirements PROMPT example:

Software Source Code Transfer Agreement

"I need a Software Source Code Transfer Agreement for transferring ownership of our e-commerce platform source code to a Philippine corporation, with provisions for three months of post-transfer technical support and maintenance."

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Document background
The Software Source Code Transfer Agreement is essential when transferring complete ownership of software source code between parties in the Philippines. This document is commonly used in scenarios such as company acquisitions, asset purchases, or when transitioning software ownership from developers to clients. It ensures compliance with Philippine legislation, including the Intellectual Property Code, Technology Transfer Act, and Data Privacy Act. The agreement covers crucial elements such as ownership rights, transfer mechanics, warranties, and post-transfer obligations. It's particularly important in protecting both parties' interests while facilitating the legal and efficient transfer of valuable intellectual property assets in the Philippine technology sector.
Suggested Sections

1. Parties: Identification of the transferor (current owner) and transferee, including complete legal names, addresses, and registration details

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

3. Definitions: Detailed definitions of technical terms, including 'Source Code', 'Documentation', 'Intellectual Property Rights', and other key terms

4. Subject Matter of Transfer: Detailed description of the source code being transferred, including all components and versions

5. Transfer of Rights: Specific rights being transferred, including ownership, intellectual property rights, and any retained rights

6. Consideration: Payment terms, amount, and method of payment for the transfer

7. Delivery and Acceptance: Process for delivering the source code, acceptance testing procedures, and acceptance criteria

8. Representations and Warranties: Warranties regarding ownership, non-infringement, functionality, and compliance with laws

9. Confidentiality: Obligations to maintain confidentiality of the source code and related information

10. Indemnification: Indemnification obligations for IP claims and breaches of warranties

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

12. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement

Optional Sections

1. Transition Services: Details of any temporary support or knowledge transfer services to be provided by the transferor

2. Third-Party Components: Handling of third-party libraries, components, or dependencies within the source code

3. Future Updates: Rights and obligations regarding future updates or modifications to the source code

4. Export Control: Compliance with export control laws if the software contains restricted technologies

5. Data Privacy Compliance: Specific provisions for compliance with the Philippine Data Privacy Act if personal data is involved

6. Source Code Escrow: Arrangements for source code escrow if payment or transfer is phased

7. Non-Competition: Restrictions on transferor's future development of similar software

8. Training and Documentation: Provisions for training services and transfer of documentation

Suggested Schedules

1. Schedule A - Source Code Description: Detailed technical specification of the source code, including all modules, components, and versions

2. Schedule B - Technical Documentation: List of all technical documentation, user manuals, and other materials being transferred

3. Schedule C - Third-Party Licenses: List of all third-party licenses, components, and dependencies

4. Schedule D - Known Issues and Limitations: Documentation of known bugs, issues, or limitations in the source code

5. Schedule E - Acceptance Testing Criteria: Detailed acceptance testing procedures and criteria

6. Schedule F - IP Rights Documentation: List of all registered IP rights, including copyright registrations and patents

7. Appendix 1 - Transfer Timeline: Detailed timeline for the transfer process, including key milestones and deliverables

8. Appendix 2 - Support Services: Detailed description of any transition or support services to be provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

Software Development

Technology Services

Financial Services

E-commerce

Healthcare Technology

Business Process Outsourcing

Digital Manufacturing

Educational Technology

Telecommunications

Relevant Teams

Legal

Information Technology

Software Development

Compliance

Intellectual Property

Research and Development

Product Development

Technology Transfer

Quality Assurance

Documentation

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

Intellectual Property Lawyer

Contract Manager

Software Engineer

Technical Director

Chief Information Officer

Compliance Officer

Technology Transfer Officer

Product Owner

IT Director

Chief Legal Officer

Software Architect

IP Rights 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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