The Dual Software License agreement is essential for software companies operating in India who wish to implement a flexible licensing strategy for their software products. This document enables software providers to offer their products under two distinct licensing models - typically a commercial license for traditional business users and an alternative license (such as open source) for different use cases. The agreement complies with Indian legislation, including the Information Technology Act, 2000, Copyright Act, 1957, and Indian Contract Act, 1872. It addresses critical aspects such as intellectual property rights, usage terms, modification rights, distribution conditions, and support obligations specific to each license type. This type of agreement is particularly valuable when software providers want to maintain control over their intellectual property while simultaneously benefiting from community engagement or market penetration through alternative licensing models.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, description of the software, and purpose of dual licensing
3. Definitions: Detailed definitions of technical terms, license types, and key concepts used in the agreement
4. Grant of License: Overall framework for the dual license structure and general terms applicable to both license types
5. License Type A Terms: Detailed terms, conditions, and restrictions for the first license type (e.g., commercial license)
6. License Type B Terms: Detailed terms, conditions, and restrictions for the second license type (e.g., open source license)
7. License Fees and Payment: Financial terms, payment schedules, and conditions for each license type
8. Intellectual Property Rights: Declaration and protection of IP rights, ownership of modifications, and derivative works
9. Technical Requirements: Minimum system requirements, compatibility specifications, and technical limitations
10. Support and Maintenance: Terms for technical support, updates, and maintenance under each license type
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Warranties regarding software functionality, IP rights, and compliance with laws
13. Limitation of Liability: Limits on liability and disclaimers specific to software licensing
14. Term and Termination: Duration of agreement, renewal terms, and termination conditions
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and dispute resolution
1. Source Code Access: Terms for source code availability and restrictions - include when source code access is offered under either license type
2. Distribution Rights: Terms for redistribution of software - include when software can be redistributed
3. Contributing Guidelines: Rules for code contributions - include when accepting third-party contributions
4. Geographic Restrictions: Territory-specific terms - include when licenses have geographic limitations
5. Data Protection: Data handling and privacy terms - include when software processes personal data
6. Export Control: Export compliance terms - include when software is subject to export regulations
7. Third-Party Software: Terms regarding third-party components - include when software incorporates third-party elements
8. License Switching: Process and terms for switching between license types - include when license switching is permitted
1. Schedule A - Software Description: Detailed technical specifications and functionality description of the software
2. Schedule B - License Fee Schedule: Detailed pricing structure and payment terms for commercial license
3. Schedule C - Support Service Levels: Detailed support and maintenance terms for each license type
4. Schedule D - Acceptable Use Policy: Specific restrictions and acceptable use terms for the software
5. Schedule E - Third-Party Components: List of third-party software components and their respective licenses
6. Appendix 1 - Technical Documentation: User manuals and technical documentation
7. Appendix 2 - Installation Guidelines: Software installation and deployment instructions
8. Appendix 3 - Modification Guidelines: Guidelines for permitted modifications under each license type
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare Technology
Education Technology
Manufacturing
Telecommunications
Digital Media
Cloud Services
Enterprise Software
Mobile Applications
Gaming Industry
Artificial Intelligence
Internet of Things
Relevant Teams
Legal
Software Development
Product Management
Intellectual Property
Commercial Operations
Risk and Compliance
Procurement
Business Development
Technology Operations
Contract Administration
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Intellectual Property Manager
Software Development Manager
Product Manager
Commercial Director
Chief Legal Officer
Business Development Manager
Open Source Compliance Officer
Contract Manager
Software Engineer
Legal Operations Manager
Technology Consultant
IP Rights Administrator
Software Architect
Procurement Manager
Risk Management Officer
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