The Software Sales Agreement serves as a crucial legal instrument for software transactions in Indonesia's rapidly growing digital economy. This document is essential when a software provider wishes to sell and license their software products to customers while protecting their intellectual property rights and defining clear terms of use. It encompasses all aspects of the software sale transaction, including license scope, implementation, support services, and compliance with Indonesian regulations such as the ITE Law and Copyright Law. The agreement is particularly important given Indonesia's specific requirements for electronic transactions and software licensing, requiring careful consideration of local legal frameworks while maintaining international software licensing standards. It should be used whenever a company is engaging in software sales transactions within Indonesian jurisdiction, whether for off-the-shelf products or customized solutions.
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1. Parties: Identification of the seller (software provider) and buyer, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the software product and business relationship
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. Software License Grant: Scope of software license, usage rights, and restrictions
5. Delivery and Installation: Terms for software delivery, installation procedures, and acceptance criteria
6. Payment Terms: Price, payment schedule, payment method, and any recurring fees
7. Intellectual Property Rights: Ownership of IP rights, restrictions, and protections
8. Warranties and Representations: Software performance warranties, compliance with specifications, and legal warranties
9. Support and Maintenance: Basic support services, maintenance terms, and response times
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Limitation of Liability: Liability caps and exclusions in compliance with Indonesian law
13. Force Majeure: Circumstances excusing performance of obligations
14. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Custom Development: Include when software requires customization or modifications for the buyer
2. Integration Services: Include when provider will integrate software with buyer's existing systems
3. Training Services: Include when provider will provide user training
4. Data Protection and Privacy: Include when software processes personal data or when compliance with specific data protection regulations is required
5. Source Code Escrow: Include when source code will be held in escrow for buyer's security
6. Service Level Agreement: Include when specific performance levels and metrics are guaranteed
7. Change Control: Include when formal processes for changes to software or services are required
8. Export Control: Include when software is subject to export control regulations
1. Schedule A - Software Description: Detailed description of software, modules, and components included
2. Schedule B - Technical Specifications: Technical requirements, system specifications, and performance parameters
3. Schedule C - License Terms: Detailed license terms, usage restrictions, and user limitations
4. Schedule D - Support Services: Detailed support and maintenance services, including service levels
5. Schedule E - Fee Schedule: Detailed breakdown of all fees, including license, maintenance, and support costs
6. Schedule F - Installation Requirements: Technical requirements for installation and deployment
7. Appendix 1 - Acceptance Testing Procedures: Procedures and criteria for software acceptance testing
8. Appendix 2 - Support Contact Details: Contact information and escalation procedures for support services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Education
Government
Professional Services
Banking
Insurance
Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Sales
Software Development
Compliance
Vendor Management
Commercial
Finance
Technical Operations
Customer Success
Product Management
Relevant Roles
Chief Technology Officer
IT Director
Procurement Manager
Legal Counsel
Software Development Manager
Sales Director
Contract Manager
Chief Information Officer
Commercial Director
IT Project Manager
Software Licensing Manager
Vendor Management Officer
Chief Legal Officer
Software Asset Manager
Business Development Manager
Technical Account Manager
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