The Enterprise License Agreement is a critical document used when an organization needs to implement software solutions across its entire enterprise structure. This agreement, governed by Indian law, establishes the comprehensive framework for large-scale software licensing, addressing complex requirements of enterprise-wide deployments. It is particularly relevant when organizations require multiple user licenses, need deployment across various locations or subsidiaries, or require specialized terms for large-scale implementation. The agreement incorporates provisions compliant with Indian legislation, including the IT Act 2000, Contract Act 1872, and data protection regulations, while covering commercial terms, technical specifications, service levels, and implementation requirements. It's designed to protect both the software provider's intellectual property rights and the enterprise customer's business interests while ensuring clear guidelines for software usage, maintenance, and support.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software, and purpose of the licensing arrangement
3. Definitions: Detailed definitions of technical terms, capitalized terms, and key concepts used throughout the agreement
4. Grant of License: Scope of license, permitted uses, and any territorial or user limitations
5. License Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
6. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
7. Licensee Obligations: Requirements and restrictions on licensee's use of the software
8. Intellectual Property Rights: Protection of IP rights, ownership declarations, and related warranties
9. Confidentiality: Protection of confidential information and trade secrets
10. Warranties and Representations: Warranties regarding software performance, IP rights, and compliance with laws
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. Indemnification: Mutual or one-way indemnification obligations
13. General Provisions: Standard clauses including governing law, jurisdiction, notices, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires additional security
2. Professional Services: Terms for implementation, training, or consulting services if provided alongside the license
3. Service Levels: Performance standards and metrics, used when software availability is crucial
4. Data Protection: Specific provisions for handling personal data, required when software processes personal information
5. Export Control: Compliance with export regulations, needed for international deployments
6. Disaster Recovery: Business continuity requirements, important for critical enterprise applications
7. Change Control: Procedures for managing changes to the software or agreement terms
8. Audit Rights: Terms allowing licensor to verify compliance with license terms
1. Schedule A - Licensed Software: Detailed description of licensed software components and specifications
2. Schedule B - License Fees: Detailed breakdown of license fees, payment structure, and calculations
3. Schedule C - Technical Requirements: Hardware, software, and network requirements for the licensed software
4. Schedule D - Support and Maintenance: Details of support services, response times, and maintenance terms
5. Schedule E - Service Levels: Detailed service level metrics, measurements, and remedies
6. Appendix 1 - Authorized Users: List of authorized users or user categories and access levels
7. Appendix 2 - Accepted Locations: Approved locations for software installation and use
8. Appendix 3 - Data Processing Terms: Specific terms for processing personal data, if applicable
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Enterprise License Agreement
An Indian law-governed agreement for enterprise-wide software licensing, defining usage rights, obligations, and commercial terms between software provider and enterprise customer.
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