The Software Agreement Contract is a crucial legal instrument used in Indonesia to formalize the relationship between software providers and users. This document is essential when organizations seek to license, implement, or utilize software solutions while ensuring compliance with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions and related data protection requirements. The agreement covers critical aspects such as licensing terms, implementation procedures, maintenance services, intellectual property protection, and data security measures. It is specifically designed to address the unique requirements of software transactions in the Indonesian market while providing adequate protection for all parties involved. The document is particularly important given Indonesia's growing digital economy and the increasing need for clear, legally-compliant software licensing frameworks.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration numbers
2. Background: Context of the agreement and brief description of the business relationship
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. Term and Termination: Duration of the agreement and circumstances for termination
6. Payment Terms: License fees, payment schedule, and related financial terms
7. Delivery and Installation: Terms for software delivery, installation procedures, and acceptance criteria
8. Intellectual Property Rights: Protection of IP rights and ownership of the software
9. Warranties and Representations: Warranties regarding software performance and compliance with laws
10. Support and Maintenance: Terms for technical support and software maintenance services
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Data Protection: Compliance with Indonesian data protection laws and data handling procedures
13. Limitation of Liability: Limits on liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
15. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures
1. Third-Party Software: Include when the software incorporates third-party components, describing related terms and licenses
2. Source Code Escrow: Include when source code is to be held in escrow for business continuity purposes
3. Professional Services: Include when additional implementation or customization services are provided
4. Service Level Agreement: Include for software provided as a service (SaaS) to define performance metrics
5. Export Control: Include when software may be subject to international export restrictions
6. Insurance: Include when specific insurance coverage is required for high-value or critical software
7. Change Control: Include when formal procedures for software modifications are needed
8. Disaster Recovery: Include for critical software systems requiring specific recovery procedures
1. Schedule 1 - Software Description: Detailed description of the software, including features and functionality
2. Schedule 2 - Technical Requirements: Hardware and system requirements for software operation
3. Schedule 3 - Service Level Parameters: Detailed performance metrics and service levels
4. Schedule 4 - Support Services: Detailed description of support and maintenance services
5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees and payment terms
6. Schedule 6 - Implementation Plan: Timeline and milestones for software implementation
7. Appendix A - Security Requirements: Security standards and protocols to be followed
8. Appendix B - Data Processing Terms: Detailed terms for handling and processing user data
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Education
Telecommunications
Professional Services
Government
Retail
Banking
Insurance
Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Software Development
Information Security
Operations
Vendor Management
Contract Administration
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Contract Manager
Information Security Officer
Compliance Officer
Technology Risk Manager
Software Licensing Manager
IT Operations Manager
Chief Information Officer
Chief Legal Officer
Business Development Manager
Project Manager
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