The Software License Subscription agreement is essential for businesses operating in Indonesia that provide or utilize software through a subscription-based model. This document is designed to comply with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions and related regulations governing software licensing and data protection. It serves as the primary contractual framework defining the relationship between software providers and their customers, covering crucial aspects such as license scope, subscription terms, service levels, and compliance requirements. The agreement is particularly important given Indonesia's growing digital economy and the increasing adoption of cloud-based and subscription software solutions. It includes specific provisions addressing local legal requirements while maintaining international software licensing standards and best practices.
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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 subscription
3. Definitions: Detailed definitions of technical terms, subscription-related concepts, and other key terms used throughout the agreement
4. Grant of License: Scope of the license, usage rights, restrictions, and subscription terms
5. Subscription Term and Renewal: Duration of the subscription, renewal terms, and termination conditions
6. Fees and Payment Terms: Subscription fees, payment schedule, late payment consequences, and pricing adjustments
7. User Access and Authentication: Rules for user authentication, access management, and account security
8. Service Levels: Software availability, performance metrics, and support commitments
9. Data Protection and Privacy: Compliance with Indonesian data protection laws, data handling procedures, and privacy obligations
10. Intellectual Property Rights: IP ownership, protection of rights, and restrictions on use
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Software performance warranties, service level warranties, and limitation of warranties
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Termination: Termination rights, process, and consequences
15. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Third-Party Software: Include when the software incorporates third-party components, detailing additional terms and obligations
2. Professional Services: Include when implementation, training, or consulting services are part of the subscription
3. Disaster Recovery: Include for critical software systems requiring specific disaster recovery commitments
4. Export Control: Include when software may be subject to international export restrictions
5. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
6. Custom Development: Include when custom development or modifications are part of the agreement
7. Multi-tenant Services: Include when software is provided in a multi-tenant environment
8. Audit Rights: Include when specific audit rights for usage or compliance are required
1. Schedule 1 - Software Description: Detailed description of the software, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, support hours, and response times
3. Schedule 3 - Subscription Fees: Detailed fee structure, pricing tiers, and payment terms
4. Schedule 4 - Technical Requirements: Minimum system requirements and technical specifications
5. Schedule 5 - Support Services: Description of support services, maintenance, and upgrade procedures
6. Schedule 6 - Data Processing Agreement: Detailed terms for personal data processing in compliance with Indonesian law
7. Appendix A - Authorized Users: Definition and categories of authorized users and access levels
8. Appendix B - Security Requirements: Security standards, protocols, and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Government
Telecommunications
Professional Services
E-commerce
Insurance
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Information Security
Risk Management
Vendor Management
Software Development
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Information Security Officer
Contract Manager
Chief Information Officer
Chief Financial Officer
IT Asset Manager
Enterprise Architect
Software Development Manager
Risk Manager
Vendor Management Officer
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