This Firmware License agreement template is designed for use in Indonesia, where technology transactions are governed by specific regulations including the Copyright Law and Electronic Information and Transactions Law. The document is essential when a company needs to license firmware for use in hardware devices, establishing clear terms for usage rights, technical specifications, and maintenance obligations. The agreement addresses key aspects such as IP protection, technical requirements, update procedures, and compliance with Indonesian regulations. It's particularly relevant for technology companies, manufacturers, and businesses dealing with embedded systems, providing a structured framework for firmware licensing while ensuring legal compliance in the Indonesian jurisdiction.
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1. Parties: Identification of the licensor (firmware owner) and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the firmware, and general purpose of the license
3. Definitions: Key terms including 'Firmware', 'Licensed Device', 'Updates', 'Intellectual Property Rights', and other technical and legal terms
4. Grant of License: Scope and nature of the license granted, including territory, duration, and whether exclusive or non-exclusive
5. License Restrictions: Specific prohibitions and limitations on use of the firmware, including reverse engineering and modification restrictions
6. Technical Requirements: Hardware specifications, compatibility requirements, and technical conditions for firmware use
7. Updates and Maintenance: Terms regarding firmware updates, patches, and ongoing maintenance obligations
8. Intellectual Property Rights: Assertion of ownership rights, protection of IP, and handling of improvements or modifications
9. Payment Terms: License fees, payment schedule, and any recurring charges
10. Warranties and Disclaimers: Specific warranties provided and limitations of liability
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Export Control: Required if the firmware may be subject to international transfer or export restrictions
2. Source Code Escrow: Optional provision for source code escrow arrangements in case of business failure or specific trigger events
3. Professional Services: Include if additional technical support or professional services are part of the agreement
4. Data Protection: Required if the firmware processes or handles personal data
5. Disaster Recovery: Include if business continuity and disaster recovery provisions are necessary
6. Third-Party Components: Required if the firmware incorporates third-party software or components
7. Assignment and Sublicensing: Include if transfer or sublicensing rights need to be specifically addressed
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the firmware and compatible hardware
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms, and calculation methods
3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance services
4. Schedule 4 - Accepted Devices: List of hardware devices approved for firmware installation
5. Appendix A - Security Requirements: Security protocols and requirements for firmware implementation
6. Appendix B - Update Procedures: Technical procedures for implementing firmware updates
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