Sample Software Subscription Agreement
(a) guarantees. Each party represents and warrants to the other that it has actually entered into this agreement and that it has the legal authority to do so. AI ensures that: 1) uses industry-specific security measures to protect customer data; (2) the services are substantially provided in accordance with the documentation; 3) AI will not significantly reduce the overall functionality of the services; (4) the services do not infringe or violate intellectual property rights; (5) The software is free from any instructions or other charges; 6) The services are free of malware; and 7) it will not be open source software in a manner that requires the customer or THE AI to disclose, provide or provide the source code of any software owned by the customer or licensed to a third party. While an open-ended license may be more appealing to an individual, especially someone who only uses the software for basic home use, a subscription agreement can have a number of benefits for businesses. Some of them are: 10.4 the disclaimer of warranty. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED «AS INTENDED». NICELABEL, ITS LICENSORS AND SERVICE PROVIDERS DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF DESIGN, COMMERCIAL CHARACTER, FITNESS FOR A PARTICULAR PURPOSE OR RESULTING FROM A TRANSACTION OR COMMERCIAL USE, AND NICELABEL EXPRESSLY DISCLABEL DISCLAIMS ALL SUCH WARRANTIES. NiceLabel does not warrant that the software or subscription services: a) are uninterrupted or error-free, or (b) work in combination with other hardware or software, unless such hardware or software is expressly endorsed or recommended by NiceLabel. The Customer acknowledges and agrees that NiceLabel and its Licensors are not responsible for: (i) the accuracy or integrity of the Customer`s Data, ii) the performance of the Customer`s or its users` devices, iii) the provision of services or connectivity made available to third parties to the Customer and its users, or (iv) loss or damage to Customer Data; that occur as a result of the transmission or receipt of customer data or viruses based on the customer`s data, or the connection and access of its users to the Internet. Whereas previously, software companies sold their product with an open-ended license, which means that the customer pays upfront for the software and may only pay for updates for technical support, it is increasingly common to find subscription contracts. There are a few reasons for this, the most important being financial, as it creates a steady stream of revenue with customers paying a regular monthly or annual subscription fee.
Software subscription contracts are also common in cloud computing services like Apple iCloud and databases like SalesForce. 10.8 Right. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of law of any state or jurisdiction. Any legal action is brought in state or federal courts in Austin, Texas. 1.3 «End User License Agreement» or «EULA» means a separate software license agreement for certain software made available to Customer as part of the Subscription Services. 1.12. «Software Development Kits» are a series of software development tools used to create applications for software, software frameworks, hardware platforms, computer systems, video game consoles, operating systems or other similar development platforms. The obligation in principle of the provider of the contract is to make its software accessible to the customer via the Internet as a Service.. . .