The White Label Software License Agreement is a critical document used when a software provider wishes to allow another company to rebrand and distribute their software solution in Indonesia. This agreement is essential in today's digital economy where companies seek to expand their product offerings without developing software from scratch. It must comply with Indonesian regulations, including Law No. 28 of 2014 on Copyright and Law No. 11 of 2008 on Electronic Information and Transactions. The agreement covers crucial aspects such as licensing scope, rebranding rights, technical requirements, support services, data protection compliance, and commercial terms. It's particularly important for businesses looking to enter the Indonesian market through technology partnerships while ensuring proper legal protection and regulatory compliance.
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1. Parties: Identification of the licensor (software owner) and licensee (white label partner), including full legal names and registration details
2. Background: Context of the agreement, including brief description of the software and purpose of white labeling arrangement
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. Grant of License: Scope of license, white labeling rights, territory, and terms of use
5. Branding and Marketing: Rights and obligations regarding rebranding, marketing materials, and promotional activities
6. License Restrictions: Specific prohibitions and limitations on use of the software
7. Intellectual Property Rights: Ownership of IP, protection measures, and handling of improvements
8. Fees and Payment: License fees, payment terms, taxes, and any revenue sharing arrangements
9. Support and Maintenance: Standard support services, maintenance updates, and response times
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Obligations regarding data handling, privacy, and compliance with Indonesian data protection laws
12. Warranties and Representations: Standard warranties regarding software ownership, performance, and compliance
13. Limitation of Liability: Limitations on liability and exclusions of damages
14. Term and Termination: Duration, renewal terms, and termination rights
15. Post-Termination: Obligations and rights after agreement ends
16. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Professional Services: Terms for additional implementation, customization, or training services if offered
2. Service Level Agreement: Detailed performance metrics and service levels if specific performance guarantees are required
3. Hosting Services: Terms for hosting services if the software is provided as a hosted solution
4. Audit Rights: Rights to audit licensee's use of software if needed for compliance or revenue verification
5. Insurance: Insurance requirements if specific coverage is needed for high-risk implementations
6. Source Code Escrow: Terms for source code escrow if required for business continuity
7. Compliance with Specific Regulations: Additional compliance terms for specific regulated industries
8. Customer Data Migration: Terms for handling data migration if relevant to the implementation
9. Change Control: Process for managing changes to software or services if significant customization is involved
1. Schedule 1 - Software Description: Detailed technical specifications of the software, including all modules and features
2. Schedule 2 - License Fees: Detailed pricing structure, payment schedules, and any revenue sharing calculations
3. Schedule 3 - Service Level Agreement: Detailed service levels, performance metrics, and remedies
4. Schedule 4 - Support Services: Detailed description of support services, including hours, response times, and escalation procedures
5. Schedule 5 - Branding Guidelines: Specific requirements and restrictions for white labeling and rebranding
6. Schedule 6 - Data Processing Agreement: Detailed terms for data processing compliance with Indonesian regulations
7. Appendix A - Approved Sublicensees: List of approved sublicensees if sublicensing is permitted
8. Appendix B - Technical Requirements: Minimum technical requirements for software operation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
E-commerce
Healthcare Technology
Educational Technology
Business Process Outsourcing
Telecommunications
Professional Services
Digital Marketing
Banking and Finance
Insurance
Retail Technology
Manufacturing Software
Consulting Services
Relevant Teams
Legal
Information Technology
Business Development
Sales
Compliance
Product Development
Procurement
Operations
Executive Leadership
Partnership Management
Software Development
Commercial Operations
Relevant Roles
Chief Technology Officer
Head of Legal
Software Licensing Manager
Business Development Director
Commercial Director
Partnership Manager
Legal Counsel
Compliance Officer
Product Manager
Sales Director
Chief Information Officer
IT Director
Software Development Manager
Contract Manager
Chief Executive Officer
Chief Operating Officer
Technology Procurement Manager
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