The Reseller Software License Agreement is essential for software companies looking to expand their distribution network in India through authorized resellers. This document is typically used when a software owner wants to grant rights to another entity to market, sell, and distribute their software products while maintaining control over their intellectual property and brand. The agreement ensures compliance with Indian software licensing laws, data protection regulations, and consumer protection requirements. It covers crucial aspects such as territory definitions, pricing structures, support obligations, and end-user terms. The document is particularly important in the Indian context due to specific requirements under the Information Technology Act, 2000, and related regulations governing software distribution and electronic commerce.
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1. Parties: Identifies the software owner/licensor and the reseller with their full legal details
2. Background: Explains the context of the agreement, including the software product and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement including Software, Territory, End Users, License Fees, etc.
4. Grant of Rights: Specifies the scope of reseller rights, including territory, exclusivity/non-exclusivity, and restrictions
5. Reseller Obligations: Details the reseller's responsibilities including marketing, sales targets, reporting, and compliance
6. License Terms and Restrictions: Specifies terms for end-user licensing and restrictions on software use
7. Intellectual Property Rights: Protects the software owner's IP rights and specifies allowed usage of trademarks
8. Fees and Payment Terms: Details the pricing structure, payment terms, and revenue sharing model
9. Term and Termination: Specifies agreement duration, renewal terms, and termination conditions
10. Confidentiality: Protects confidential information exchanged between parties
11. Warranties and Indemnities: Outlines warranties provided and indemnification obligations
12. Limitation of Liability: Defines the extent and limitations of each party's liability
13. General Provisions: Includes standard legal clauses like governing law, dispute resolution, and notices
1. Marketing and Promotion: Detailed marketing requirements and guidelines - include if reseller has specific marketing obligations
2. Training Requirements: Requirements for reseller staff training - include if technical training is necessary
3. Service Level Agreement: Support levels and response times - include if reseller provides technical support
4. Data Protection: Specific data protection obligations - include if personal data processing is involved
5. Import/Export Compliance: International trade compliance - include for cross-border reselling
6. Insurance Requirements: Specific insurance coverage requirements - include for high-value software products
7. Source Code Escrow: Source code protection provisions - include for enterprise-level software
8. White Labeling Rights: Terms for rebranding software - include if white labeling is permitted
1. Schedule A - Software Description: Detailed description of the software, including versions, modules, and technical specifications
2. Schedule B - Territory Definition: Detailed description of authorized sales territory and any excluded regions
3. Schedule C - Pricing and Commission Structure: Detailed pricing tiers, commission rates, and payment calculations
4. Schedule D - Service Level Requirements: Technical support and maintenance service level specifications
5. Schedule E - End User License Agreement: Standard EULA to be used with end customers
6. Schedule F - Marketing Guidelines: Branding requirements and marketing material guidelines
7. Appendix 1 - Reporting Templates: Standard formats for sales reports and performance metrics
8. Appendix 2 - Technical Requirements: Minimum technical specifications for reseller systems and staff
Find the exact document you need
Software License Reseller Agreement
An Indian law-governed agreement establishing terms for software reselling rights, obligations, and commercial arrangements between software owners and resellers.
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Reseller Software License
An Indian law-governed agreement authorizing and regulating the resale of software products between a licensor and reseller, including distribution rights and obligations.
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