This Commercial Software License agreement template is designed for use in the Kingdom of Saudi Arabia, specifically tailored for software licensing transactions between commercial entities. It should be used when a software provider wishes to license their software products to businesses operating in Saudi Arabia, ensuring compliance with local regulations including the Saudi E-Commerce Law, Copyright Law, and Data Protection requirements. The document covers essential elements such as license grants, usage restrictions, fees, technical support, maintenance services, and data protection obligations. It includes specific provisions required under Saudi law and Shariah principles, making it suitable for both local and international software licensing transactions within the Saudi jurisdiction.
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1. Parties: Identification of the licensor and licensee, including their full legal names, commercial registration numbers, and addresses
2. Background: Context of the agreement, nature of the software, and general purpose of the licensing arrangement
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Fees and Payment Terms: Financial terms, payment schedule, and currency specifications
6. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use
7. Licensee Obligations: Key responsibilities of the licensee including usage restrictions and security measures
8. Technical Support and Maintenance: Support services, maintenance terms, and update provisions
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection and Security: Compliance with Saudi data protection laws and security requirements
11. Term and Termination: Duration of the license, renewal terms, and termination rights
12. Governing Law and Jurisdiction: Application of Saudi law and dispute resolution procedures
13. General Provisions: Standard clauses including force majeure, notices, and amendments
1. Source Code Escrow: Required when source code access might be needed in specific circumstances
2. Third-Party Software: Needed when the licensed software incorporates third-party components
3. Training Services: Include when the licensor will provide training to licensee's personnel
4. Export Control: Required for software subject to export control regulations
5. Localization Requirements: Include when software needs to be adapted for Saudi market
6. Service Level Agreement: Required for software that includes hosted or maintenance services
7. Disaster Recovery: Include for business-critical software applications
8. Agency Provisions: Required if the arrangement involves local agents under Saudi Commercial Agencies Law
1. Schedule 1: Software Description: Detailed technical specifications of the licensed software
2. Schedule 2: License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3: Technical Support Services: Detailed description of support and maintenance services
4. Schedule 4: Service Level Agreement: Performance metrics, response times, and service credits
5. Schedule 5: Security Requirements: Specific security measures and compliance requirements
6. Schedule 6: Approved Users: List of authorized users or user categories if license is restricted
7. Appendix A: Acceptance Testing: Testing procedures and acceptance criteria
8. Appendix B: Software Documentation: User manuals and technical documentation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Education
Government and Public Sector
Telecommunications
Manufacturing
Retail
Oil and Gas
Professional Services
Construction
Defense and Security
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Development
Commercial Operations
Risk Management
Finance
Technical Operations
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Information Security Officer
Compliance Officer
Commercial Director
Contract Manager
Chief Information Officer
Technology Procurement Specialist
Legal Operations Manager
Software Asset Manager
IT Operations Manager
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