This On Premise Software License Agreement template is designed for use in the Indian jurisdiction when a software provider wishes to license their software product to a customer for installation and use on the customer's own servers or infrastructure. The agreement is essential for software companies operating in India who distribute their software products to business customers, ensuring compliance with the Information Technology Act, 2000, and other relevant Indian legislation. It covers critical aspects such as license grants, usage restrictions, intellectual property rights, warranty terms, and support obligations. The document is particularly important in scenarios where data sovereignty, compliance with local regulations, or specific security requirements necessitate on-premise software deployment rather than cloud-based solutions.
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1. Parties: Identification of the licensor and licensee, including their registered addresses and company details
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope and nature of the software license, including usage rights and restrictions
5. License Fees and Payment Terms: Details of licensing costs, payment schedule, and payment methods
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. Intellectual Property Rights: Protection of IP rights, ownership of software and derivative works
8. Confidentiality: Obligations regarding confidential information protection
9. Warranties and Representations: Warranties provided by both parties, including software performance and authority to contract
10. Support and Maintenance: Terms for technical support, updates, and maintenance services
11. Limitation of Liability: Limitations on parties' liability and exclusions
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Post-Termination Obligations: Obligations of parties after agreement termination
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Governing Law and Jurisdiction: Specification of Indian law governance and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed in specific circumstances
2. Data Protection: Specific provisions for handling personal data, required if the software processes personal information
3. Export Controls: Compliance with export control laws, needed if software may be accessed across borders
4. Third-Party Software: Terms relating to incorporated third-party software components, required if the software includes third-party elements
5. Hardware Requirements: Specific hardware requirements for software operation, needed for software with specific hardware dependencies
6. Training Services: Terms for user training services, included if training is part of the agreement
7. Professional Services: Additional implementation or customization services, needed if professional services are included
8. Disaster Recovery: Disaster recovery and business continuity provisions, important for business-critical software
1. Schedule 1 - Software Description: Detailed description of the licensed software, including modules and functionality
2. Schedule 2 - Technical Specifications: Technical requirements, system specifications, and performance parameters
3. Schedule 3 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing terms
4. Schedule 4 - Service Level Agreement: Performance metrics, response times, and service levels for support
5. Schedule 5 - Support and Maintenance Services: Detailed description of support and maintenance services provided
6. Schedule 6 - Installation Requirements: Technical requirements and procedures for software installation
7. Appendix A - Acceptable Use Policy: Guidelines and restrictions for software usage
8. Appendix B - Security Requirements: Security standards and requirements for software operation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Professional Services
Government and Public Sector
Insurance
Automotive
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Vendor Management
Information Security
Compliance
Finance
Software Development
Infrastructure
Commercial Operations
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Chief Information Officer
Contract Manager
Vendor Management Lead
Information Security Officer
IT Infrastructure Manager
Chief Legal Officer
Technology Procurement Specialist
Software Asset Manager
IT Compliance Officer
Commercial Director
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