This Retail Software License agreement template is designed for software companies operating in India who wish to license their software products to retail customers. The agreement complies with the Information Technology Act, 2000, the Copyright Act, 1957, and the Consumer Protection Act, 2019, providing a robust framework for software licensing transactions. It is particularly suitable for companies distributing standard software products to the retail market, whether through direct sales or through distributors. The document addresses key aspects including license scope, usage rights, technical support, warranties, and liability limitations, while incorporating specific Indian legal requirements for consumer protection and data privacy. This template should be used when establishing a legal framework for retail software distribution in India, ensuring both the software company's intellectual property rights are protected and the customer's rights are properly addressed.
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1. Parties: Identification of the licensor (software company) and licensee (retail customer)
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the software license being granted
5. License Restrictions: Specific limitations and prohibited uses of the software
6. Intellectual Property Rights: Protection of software IP and ownership rights
7. Payment Terms: License fees, payment schedule, and payment methods
8. Delivery and Installation: Terms for software delivery and installation process
9. Technical Support and Updates: Terms for maintenance, support services, and software updates
10. Warranties and Disclaimers: Software performance warranties and limitation of warranties
11. Limitation of Liability: Limits on liability and damages
12. Term and Termination: Duration of license and termination conditions
13. Confidentiality: Protection of confidential information
14. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures
1. Third-Party Components: Details of third-party software components and their license terms
2. Data Protection and Privacy: Terms for personal data processing and privacy compliance
3. Integration Services: Terms for additional integration services if required
4. Hardware Requirements: Specific hardware requirements for software operation
5. Cloud Services Terms: Additional terms for cloud-based software components
6. Export Controls: Compliance with export control regulations if applicable
7. Service Level Agreement: Specific performance metrics and service levels for cloud-based solutions
1. Schedule A - Software Description: Detailed description of the software, features, and functionality
2. Schedule B - License Fees: Detailed pricing structure and payment terms
3. Schedule C - Technical Support Details: Support levels, response times, and procedures
4. Schedule D - System Requirements: Minimum technical specifications for software operation
5. Appendix 1 - Acceptable Use Policy: Detailed terms of acceptable software use
6. Appendix 2 - Data Processing Terms: Detailed terms for processing of user data if applicable
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