This Boilerplate Software License Agreement serves as a standardized legal framework for software licensing transactions in India. It is designed for use when a software provider needs to grant usage rights to their software products while protecting their intellectual property rights and limiting liability. The agreement incorporates essential elements required under Indian law, including compliance with the Information Technology Act, 2000, and related regulations. It is particularly useful for software companies, technology providers, and businesses engaging in software licensing transactions within the Indian jurisdiction. The document includes comprehensive provisions for license scope, usage restrictions, fees, warranties, and termination rights, making it suitable for both straightforward and complex software licensing arrangements.
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1. Parties: Identification of the licensor and licensee with complete legal details
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Fees and Payment Terms: Details of licensing costs, payment schedule, and payment methods
6. Intellectual Property Rights: Declaration of ownership and IP rights over the software
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Warranties and Representations: Warranties provided by the licensor and disclaimer of warranties
9. Limitation of Liability: Limits on liability and exclusions of certain types of damages
10. Term and Termination: Duration of the agreement and conditions for termination
11. Post-Termination Obligations: Actions required after agreement termination
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details
13. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Source Code Escrow: Terms for source code escrow arrangement, used when source code access might be needed in specific circumstances
2. Professional Services: Terms for additional services like implementation or customization, included when services are part of the deal
3. Service Level Agreement: Performance standards and metrics, included for software-as-a-service arrangements
4. Data Protection and Privacy: Detailed data handling terms, required when personal data processing is involved
5. Export Control: Compliance with export regulations, needed for international licensing
6. Third-Party Software: Terms relating to incorporated third-party software, used when relevant
7. Audit Rights: Terms allowing licensor to audit licensee's usage, included for complex enterprise licenses
1. Schedule A - Software Description: Detailed technical specifications and description of the licensed software
2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software usage
4. Schedule D - Support and Maintenance Terms: Details of support services, maintenance, and updates if included
5. Schedule E - Authorized Users: Definition and listing of authorized users or user categories
6. Appendix 1 - Acceptance Testing: Procedures and criteria for software acceptance testing
7. Appendix 2 - Security Requirements: Security standards and requirements for software usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Professional Services
E-commerce
Government and Public Sector
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Sales
Business Development
Risk Management
Contract Administration
Software Development
Product Management
Operations
Vendor Management
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Contract Administrator
Compliance Officer
Software Asset Manager
Business Development Manager
Legal Operations Manager
Technology Consultant
Software Sales Manager
IP Rights Manager
Risk Manager
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