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Software License Reseller Agreement
"I need a Software License Reseller Agreement for my cloud-based accounting software, to be distributed exclusively in East Malaysia starting January 2025, with specific provisions for local language support and quarterly sales targets."
1. Parties: Identification of the software owner/licensor and the reseller, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the reseller arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined territory for operations
5. License Grant: Scope of license granted to reseller, including rights to market, distribute and sublicense
6. Reseller Obligations: Core responsibilities of the reseller including marketing, sales targets, and customer support
7. Software Owner Obligations: Responsibilities of the software owner including support, updates, and training
8. Intellectual Property Rights: Protection and ownership of IP, including trademarks and copyrights
9. Fees and Payment Terms: Financial terms, including pricing, payment schedules, and commission structures
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Indemnities: Warranties provided by both parties and indemnification obligations
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Marketing and Promotion: Detailed marketing requirements and guidelines, used when specific marketing obligations need to be outlined
2. Training Requirements: Specific training obligations and procedures, included when comprehensive training programs are required
3. Service Level Agreement: Detailed service levels and support requirements, used for complex software products
4. Data Protection: Specific data protection and privacy requirements, included when personal data processing is involved
5. Export Controls: Export control compliance requirements, needed for international distribution
6. Source Code Escrow: Terms for source code escrow arrangements, used for critical software implementations
7. Non-Competition: Restrictions on competing activities, included when exclusivity is important
8. Insurance Requirements: Specific insurance obligations, used for high-value or high-risk arrangements
1. Schedule 1: Software Description: Detailed description of the software, including features and specifications
2. Schedule 2: License Fees and Commission Structure: Detailed pricing, commission rates, and payment terms
3. Schedule 3: Service Level Requirements: Technical support and maintenance service levels
4. Schedule 4: Territory Definition: Detailed description of authorized sales territory
5. Schedule 5: Marketing Guidelines: Approved marketing practices and brand usage guidelines
6. Schedule 6: End User License Agreement: Standard EULA to be used with end customers
7. Schedule 7: Technical Requirements: Technical specifications and implementation requirements
8. Schedule 8: Reporting Templates: Standard forms for sales reporting and performance tracking
Authors
Information Technology
Software Development
Technology Distribution
Enterprise Software
Cloud Services
E-commerce
Digital Solutions
System Integration
Telecommunications
Retail Technology
Financial Technology
Healthcare Technology
Legal
Sales
Business Development
Partner Relations
Channel Management
Commercial Operations
Compliance
Product Management
Technical Support
Customer Success
Finance
Operations
Chief Technology Officer
Legal Counsel
Commercial Director
Sales Director
Channel Manager
Partner Manager
Business Development Manager
Software Licensing Manager
Compliance Officer
Contract Manager
Regional Sales Manager
Partner Success Manager
Distribution Manager
Technical Account Manager
Product Manager
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