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		Trading Documents
		Agency, Distribution & Franchise Agreements Software Distribution Agreement (TR.ADA.03)

Document Description

The Software Distribution Agreement is designed for use in a business relationship where one company is selling or otherwise supplying computer hardware or other equipment requiring software and that company requires software produced or provided by another company for installation on such equipment prior to sale and / or distribution. This Software Distribution Agreement can be exclusive or non-exclusive. To change the exclusivity of the Agreement simply alter the reference in Clause 1.1. The Agreement provides for a number of important factors such as the term (duration) of the Agreement, the obligations of both parties, territory, and liability. In such relationships it may be necessary for the Distributor’s representatives or staff to be trained in the use of the products that they are selling. In light of this, the Agreement contains a clause and accompanying schedule specifically addressing such training. In the event that no training is necessary, this clause and schedule can be removed without any other effect on the Agreement. It should however be borne in mind that subsequent references to other clauses contained within clauses 5, 17, 36, 37, will need to be changed as a result of Clause 4 being removed. (Clause 5 then becomes 4 and so on). Schedules subsequent to the training schedule will need to be renumbered manually. This Software Distribution Agreement contains the following clauses: 1. Grant 2. Term 3. Technical Information 4. Training 5. Commercial and Technical Assistance 6. Ordering of Software 7. Delivery of Software 8. Risk 9. Payment 10. Licence to End-users 11. Licence to Distributor 12. Enhancements and Modifications 13. Software Support 14. Undertakings by the Distributor 15. Liability 16. Force Majeure 17. Warranty 18. Copyright, Patents, Trade Marks and Intellectual Property Rights 19. Confidential Information 20. Termination or Expiry 21. Changes in Distributor 22. Relationship of the Distributor to the Supplier 23. Waiver 24. Assignment 25. Successors and Assignees 26. Notices 27. Announcements 28. Entire Agreement 29. Amendments 30. Interpretation 31. Severability 32. Counterparts 33. Language 34. Costs and Expenses 35. Set-off 36. Third Parties 37. Proper Law and Jurisdiction And Schedules: 1. Software, Equipment & Territory 2. Minimum Order & Payment 3. Technical Information 4. Software Licence 5. Supplier’s Support Terms and Charges to Distributor This Software Distribution Agreement template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes

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