Software License Terms and Conditions are essential legal documents in the Indonesian technology sector, used to establish and govern the relationship between software providers and users. This document is particularly crucial given Indonesia's specific regulatory requirements under the Electronic Information and Transactions Law and Copyright Law. It should be used whenever software is being licensed or distributed in Indonesia, whether for commercial or personal use. The document typically includes comprehensive provisions on usage rights, restrictions, intellectual property protection, data privacy compliance, payment terms, and dispute resolution mechanisms. It must specifically address Indonesian legal requirements while protecting the interests of both the licensor and licensee. The terms and conditions should be drafted to ensure enforceability under Indonesian law while maintaining clarity for all parties involved.
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1. Parties: Identification of the licensor and licensee, including complete legal names and addresses as required under Indonesian law
2. Background: Context of the agreement, nature of the software, and general purpose of the license
3. Definitions: Detailed definitions of technical terms, legal terms, and other key concepts used throughout the agreement
4. License Grant: Specific rights granted to the licensee, including scope, territory, and type of license (exclusive/non-exclusive)
5. License Restrictions: Clear limitations on use, copying, modification, and distribution of the software
6. Intellectual Property Rights: Affirmation of licensor's ownership and IP rights under Indonesian Copyright Law
7. License Fees and Payment: Payment terms, fee structure, and payment methods in compliance with Indonesian banking regulations
8. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
9. Warranties and Disclaimers: Standard warranties and limitations aligned with Indonesian consumer protection laws
10. Limitation of Liability: Scope of liability limitations permitted under Indonesian law
11. Confidentiality: Protection of confidential information and trade secrets
12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
1. Data Protection and Privacy: Required if the software processes personal data, ensuring compliance with Indonesian Personal Data Protection Law
2. Third-Party Software: Include when the software incorporates third-party components or dependencies
3. Export Controls: Necessary for software that may be subject to international distribution restrictions
4. Service Level Agreement: Include for software that includes ongoing service components or cloud-based services
5. Maintenance and Support: Optional section for cases where maintenance and support services are offered
6. User Generated Content: Required if the software allows users to create or upload their own content
7. Audit Rights: Include for enterprise licenses where usage monitoring is important
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 calculation methods
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support Services: Details of any support services, including service levels and response times
5. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for acceptable use of the software
6. Appendix B - Data Processing Terms: Specific terms for data processing if personal data is involved, ensuring compliance with Indonesian data protection laws
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