SOFTWARE MAINTENANCE AGREEMENT
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At a Glance
Software Maintenance Agreement
This Software Maintenance Agreement is a comprehensive precedent used when a licensor provides ongoing support and maintenance for software licensed to a client. It defines rights and responsibilities for both parties, ensuring clarity over support services, updates, warranties, and intellectual property.
What This Agreement Covers
• Grant and renewal of software licence, including use on designated equipment
• Conditions for backup, security, and record keeping
• Support services such as help desk, remote assistance, and on-site maintenance
• Exclusions from maintenance, including misuse or unauthorised modification
• Support charges, taxes, and payment terms
• Updates and new releases, including optional cost provisions
• Warranties and limitations of liability for both licensor and licensee
• Indemnities for breach, negligence, or unlawful acts
• Confidentiality obligations and handling of sensitive information
• Termination rights, notices, and post-termination obligations
• Governing law, jurisdiction, and interpretation clauses
Why Use This Template?
• Clearly defines maintenance obligations and service scope
• Protects both parties with balanced warranties, indemnities, and confidentiality
• Provides structure for ongoing software support and update delivery
• Includes practical support terms suitable for Australian software vendors and clients
• Fully editable, easy to adapt, and ready to use
Suitable For
This precedent is ideal for software developers, IT service providers, and corporate clients requiring an ongoing support or maintenance agreement for licensed software.
INCLUDES
A detailed Software Maintenance Agreement for the development of custom software. This agreement covers
definitions ,
specification of the software,
steps in production,
payment,
production milestones and
testing,
project plan,
milestones,
interim payments
A portion of payments are withheld for a warranty period.
4 Schedules containing particulars
A complex Software Maintenance Agreement running that seeks to control and monitor as many variables as possible in this type of project.
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