The Paid Software License agreement serves as the primary legal instrument for software providers to commercialize their products in Indonesia while protecting their intellectual property rights. This document is essential when a company wishes to grant another party the right to use its software products in exchange for financial consideration. The agreement must comply with Indonesian legal requirements, particularly the Law No. 11 of 2008 on Electronic Information and Transactions and Law No. 28 of 2014 on Copyright. It should be used whenever a software provider is licensing their software for commercial use, whether it's standard off-the-shelf software or customized solutions. The document typically includes detailed terms about license scope, usage restrictions, payment obligations, support services, and compliance with local regulations.
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1. Parties: Identification of the licensor and licensee with their complete legal details
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the software license, including usage rights and restrictions
5. License Fees and Payment Terms: Details of license fees, payment schedule, and payment methods
6. Delivery and Installation: Terms regarding software delivery and basic installation requirements
7. Intellectual Property Rights: Confirmation of IP ownership and rights retention by licensor
8. Warranties and Representations: Warranties regarding software functionality and compliance with laws
9. Support and Maintenance: Basic support services and maintenance terms included in the license
10. Confidentiality: Protection of confidential information exchanged during the license term
11. Term and Termination: Duration of the license and circumstances for termination
12. Effects of Termination: Consequences and obligations upon agreement termination
13. Limitation of Liability: Limitations on liability and exclusions of damages
14. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Data Protection and Privacy: Required if the software processes personal data or requires compliance with Indonesian data protection regulations
2. Professional Services: Include if additional implementation, training, or consulting services are provided
3. Service Level Agreement: Required if specific performance levels or uptime guarantees are offered
4. Source Code Escrow: Include if source code escrow arrangements are part of the agreement
5. Export Controls: Required if the software is subject to international export restrictions
6. Third-Party Software: Include if the licensed software incorporates third-party components
7. Disaster Recovery: Required for critical software applications requiring backup and recovery procedures
8. Insurance: Include if specific insurance coverage is required from either party
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees Schedule: Breakdown of license fees, payment milestones, and pricing details
3. Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Support Services Details: Detailed description of support services, response times, and escalation procedures
5. Authorized Users: Definition and limitations of authorized users and access rights
6. Acceptance Testing: Criteria and procedures for software acceptance testing if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Professional Services
Government and Public Sector
Energy and Utilities
E-commerce
Media and Entertainment
Transportation and Logistics
Construction
Agriculture
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Software Development
Operations
Risk Management
Vendor Management
Commercial Operations
Corporate Administration
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Contract Administrator
Chief Information Officer
Chief Financial Officer
IT Asset Manager
Commercial Director
Software Development Manager
Legal Operations Manager
Risk Manager
Vendor Relations Manager
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