The Trial License Agreement is a crucial legal instrument used when organizations need to evaluate software, technology solutions, or services before making a full commitment to purchase or subscription. This agreement, governed by Indian law, establishes a controlled environment for testing and evaluation while protecting the intellectual property rights of the licensor and limiting their liability during the trial period. It is particularly relevant in the Indian market where companies must comply with local IT laws, data protection regulations, and contractual requirements. The document includes essential provisions for trial duration, usage scope, confidentiality, and post-trial obligations, making it suitable for both domestic and international companies operating in India who wish to offer their products or services for evaluation purposes.
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1. Parties: Identification of the licensor and licensee with their complete legal names, addresses, and company registration details
2. Background: Context of the agreement, brief description of the licensed product/service, and purpose of the trial
3. Definitions: Definitions of key terms used throughout the agreement including 'Trial Period', 'Licensed Product', 'Intellectual Property Rights', etc.
4. Grant of License: Scope of the trial license, including permitted uses, restrictions, and territorial limitations
5. Trial Period: Duration of the trial, start date, end date, and any conditions for early termination
6. Intellectual Property Rights: Confirmation of ownership rights, protection of IP, and restrictions on use
7. Confidentiality: Obligations regarding confidential information shared during the trial
8. No Warranty: Disclaimer of warranties for trial products/services
9. Limitation of Liability: Limitations on licensor's liability during the trial period
10. Termination: Grounds for termination, process, and consequences
11. Post-Trial Options: Process for converting to full license or terminating use
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Trial Fees: Include when the trial involves any fees or deposits
2. Support Services: Include when technical support or training is provided during the trial
3. Data Protection: Include when personal data processing is involved in the trial
4. Export Control: Include for software or technology subject to export regulations
5. Third Party Components: Include when licensed product contains third-party elements
6. Feedback Rights: Include when licensee feedback will be collected and used
7. Insurance: Include when specific insurance requirements apply to high-risk trials
8. Audit Rights: Include for trials involving sensitive technology or usage monitoring
1. Schedule 1 - Licensed Product Description: Detailed technical specifications and features of the product/service being licensed
2. Schedule 2 - Trial Parameters: Specific metrics, usage limits, and technical parameters for the trial
3. Schedule 3 - Service Level Terms: Performance standards and support levels during trial (if applicable)
4. Appendix A - Installation Guidelines: Technical requirements and installation procedures
5. Appendix B - Acceptance Testing: Criteria and procedures for acceptance testing if required
6. Appendix C - Security Requirements: Security protocols and requirements to be followed during the trial
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