The Software Partner Agreement serves as a crucial legal framework for establishing and managing software partnership relationships in Indonesia. This document is essential when a software provider wishes to expand their market presence through local partners, or when companies seek to formalize their software distribution, implementation, or reselling arrangements. The agreement must comply with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions and related data protection requirements. It covers critical aspects such as licensing terms, territory rights, revenue sharing, technical support obligations, and intellectual property protection. The document is specifically designed to address unique aspects of the Indonesian market, including local content requirements, technology transfer regulations, and specific compliance obligations for electronic system operators.
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1. Parties: Identification of the software provider and partner, including their legal status and registration details
2. Background: Context of the partnership and general objectives of the agreement
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used in the agreement
4. Scope of Partnership: Detailed description of the partnership arrangement and authorized activities
5. License Grant: Terms of software license, usage rights, and restrictions
6. Intellectual Property Rights: Ownership and protection of IP, including software, modifications, and derivative works
7. Partner Obligations: Key responsibilities and commitments of the partner
8. Provider Obligations: Key responsibilities and commitments of the software provider
9. Financial Terms: Pricing, payment terms, revenue sharing if applicable
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Indonesian data protection laws and data handling requirements
13. Warranties and Indemnities: Representations, warranties, and indemnification obligations
14. Limitation of Liability: Limitations on liability and exclusions
15. Dispute Resolution: Process for resolving disputes under Indonesian law
16. General Provisions: Standard legal provisions including notices, assignment, and entire agreement
1. White Labeling Terms: Terms for rebranding and reselling software under partner's brand
2. Joint Development: Terms for collaborative software development and ownership of new features
3. Marketing and Promotion: Requirements and restrictions for marketing the software
4. Training and Support: Details of training and support services provided to the partner
5. Territory Restrictions: Geographic limitations on partner's activities
6. Non-Competition: Restrictions on competing activities
7. Localization Requirements: Terms for adapting software to local Indonesian market
8. Source Code Escrow: Terms for source code escrow arrangements if required
9. Insurance: Insurance requirements for either party
10. Compliance with Industry Standards: Specific compliance requirements for regulated industries
1. Schedule A - Software Description: Detailed description of software, features, and technical specifications
2. Schedule B - Service Levels: Service level agreements, performance metrics, and support standards
3. Schedule C - Pricing and Payment Terms: Detailed pricing structure, payment schedules, and revenue sharing calculations
4. Schedule D - Technical Requirements: Technical requirements for software implementation and operation
5. Schedule E - Support Services: Detailed description of support services and response times
6. Schedule F - Data Processing Terms: Specific terms for data processing and protection compliance
7. Appendix 1 - Partner Territories: List of authorized territories for partner operations
8. Appendix 2 - Approved Marketing Materials: Guidelines and approved materials for marketing
9. Appendix 3 - Implementation Timeline: Project timeline for software implementation and deployment
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Consulting
E-commerce
Financial Services
Healthcare Technology
Manufacturing Technology
Educational Technology
Telecommunications
Digital Services
Enterprise Solutions
Cloud Services
Relevant Teams
Legal
Business Development
Partnerships
Sales
Technical Operations
Compliance
Commercial
Information Technology
Partner Success
Solutions Architecture
Strategic Planning
Relevant Roles
Chief Technology Officer
Partnership Manager
Business Development Director
Legal Counsel
Software Licensing Manager
Channel Sales Manager
Implementation Manager
Technical Account Manager
Compliance Officer
Contract Administrator
Commercial Director
Chief Information Officer
Partner Success Manager
Solutions Architect
Strategic Alliance Director
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