How does the SaaS agreement deal with the misuse of the application?
A relatively detailed acceptable use policy is included with all versions of the SaaS agreement. This includes a general prohibition the use of the service in a way which is illegal or fraudulent or harmful. In addition, there are specific prohibitions relating to particular types of problem (e.g. copyright infringement). Broader optional provisions cover misuse which does not itself break the law or infringe any person's legal rights, such as breaches of internet etiquette.
How do these SaaS agreements differ from a standard software licence agreement?
Software as a service agreements are quite different from traditional software licence agreements. Because the customer does not get access to the software code (source or object), then the licensing tends to be simpler, and there is no need for delivery obligations on the part of the vendor. In addition, because the vendor retains control of the software platform, then there is less need for provisions concerning the enforcement of the licence (such as audit provisions). On the other hand, because the vendor will be hosting the customer's data, the vendor will usually expect warranties that that data will not cause any legal difficulties for the vendor.
Why are there separate service level schedules?
Detailed service level agreements (SLAs) like those in the premium and standard documents may be required to support a SaaS arrangement. For example, where the services being provided are business-critical, the customer will want to ensure that the platform remains available (perhaps via uptime guarantees), that the vendor does not apply upgrades that impair the functionality needed by the customer, and that the vendor's back-up procedures are sufficiently robust that, should there be a significant incident, the platform will be quickly operational again.
Can the way in which the customer is permitted to use the platform be restricted so that, for example, the customer is allowed to use the platform for purpose X but not for purpose Y?
Yes. The grant of a right to use the service includes some suggested text " ... a licence to use the Hosted Services ... for the internal business purposes of the Customer".
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