The Proprietary Software License Agreement is essential for any software company or developer operating in Indonesia who wishes to protect their intellectual property rights while granting others the right to use their software. This document is particularly crucial in the Indonesian market, where software licensing must comply with specific local regulations, including the Copyright Law and Electronic Information and Transactions Law. The agreement should be used when distributing proprietary software to end-users, whether they are individuals, businesses, or organizations. It contains critical provisions covering license scope, usage restrictions, fees, warranties, and liability limitations, all aligned with Indonesian legal requirements. The document also addresses modern concerns such as data protection and privacy, reflecting recent developments in Indonesian technology law. This type of agreement is fundamental for protecting the licensor's intellectual property rights while providing clear terms of use for licensees.
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1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and territory
5. License Fees and Payment Terms: Details of licensing fees, payment schedule, and payment methods
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Use Restrictions: Specific limitations on use, copying, modification, and distribution of the software
9. Warranties and Representations: Warranties regarding software functionality and performance
10. Limitation of Liability: Limits on liability and disclaimers compliant with Indonesian law
11. Term and Termination: Duration of the license and conditions for termination
12. Post-Termination Obligations: Actions required upon termination of the agreement
13. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection and Privacy: Required when the software processes personal data, ensuring compliance with Indonesian Personal Data Protection Law
2. Maintenance and Support: Include when ongoing support and maintenance services are part of the agreement
3. Service Level Agreement: Required for software provided as a service or with specific performance requirements
4. Third-Party Software: Include when the software incorporates third-party components or dependencies
5. Export Control: Required when the software may be subject to international export regulations
6. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
7. Training and Implementation: Required when the license includes training or implementation services
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing tiers
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support Services: Details of support and maintenance services if included
5. Schedule 5 - Service Levels: Performance metrics and service levels if applicable
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Territory: Detailed description of the geographic territory where the license is valid
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Government
Telecommunications
Professional Services
Media and Entertainment
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Software Development
Compliance
Procurement
Information Security
Risk Management
Business Development
Product Management
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
IT Director
Compliance Officer
Procurement Manager
Contract Manager
Business Development Director
Software Licensing Manager
Information Security Officer
Risk Manager
Chief Information Officer
VP of Engineering
Technology Compliance Specialist
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