The Private Software License agreement serves as a crucial legal instrument for software deployment and usage in Indonesia, governed by Indonesian law including the Copyright Law (Law No. 28 of 2014) and Electronic Information and Transactions Law (Law No. 11 of 2008). This document is essential when a software owner (licensor) needs to grant specific usage rights to another party (licensee) while protecting their intellectual property rights and establishing clear terms of use. It covers various aspects including license scope, permitted uses, restrictions, technical requirements, and compliance obligations. The agreement is particularly relevant in today's digital economy where software licensing forms a fundamental part of business operations and technology adoption. The document ensures compliance with Indonesian regulations while providing clear guidelines for software utilization and protection of both parties' interests.
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1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. Grant of License: Scope and nature of the license, including usage rights, restrictions, and territory
5. License Fees and Payment Terms: Financial terms, payment schedule, and any recurring fees
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. Intellectual Property Rights: Confirmation of ownership rights, protection of IP, and restrictions on use
8. Licensee Obligations: Key responsibilities of the licensee including permitted usage, security measures, and user management
9. Warranties and Disclaimers: Warranties provided for the software and associated disclaimers
10. Limitation of Liability: Extent and limitations of liability for both parties
11. Confidentiality: Protection of confidential information and trade secrets
12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
1. Data Protection and Privacy: Required when the software processes personal data, ensuring compliance with Indonesian PDP Law
2. Support and Maintenance: Include when ongoing technical support and maintenance services are provided
3. Software Updates and Upgrades: Include when specifying terms for future versions and updates
4. Audit Rights: Include for licenses where usage monitoring and compliance verification is important
5. Export Control: Required when software may be subject to international trade restrictions
6. Third-Party Components: Include when the software incorporates third-party libraries or components
7. Service Level Agreement: Include for software that requires specific performance standards or uptime guarantees
8. Disaster Recovery: Include for business-critical software requiring backup and recovery procedures
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fee Schedule: Detailed breakdown of license fees, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support Services: Details of support and maintenance services if provided
5. Schedule 5 - Service Levels: Performance metrics and service level commitments if applicable
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Acceptable Use Policy: Detailed rules and restrictions for software usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
E-commerce
Manufacturing
Professional Services
Telecommunications
Media and Entertainment
Retail
Government and Public Sector
Research and Development
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Information Security
Software Development
Business Development
Finance
Technical Support
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Development Manager
Procurement Manager
Compliance Officer
Contract Manager
Information Security Officer
Technology Risk Manager
Business Development Director
Operations Manager
Systems Administrator
Enterprise Architect
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