The Software Usage Agreement serves as a critical legal framework for organizations deploying software solutions in Indonesia. This document is essential when a software provider needs to establish clear terms for how their software can be used, ensuring compliance with Indonesian regulations including Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 28 of 2014 on Copyright, and Law No. 27 of 2022 on Personal Data Protection. The agreement covers crucial aspects such as licensing terms, usage restrictions, data handling requirements, and user obligations, while protecting both the provider's intellectual property rights and the user's interests. It's particularly important for software deployments in regulated industries or when handling sensitive data, requiring careful consideration of local legal requirements and business practices.
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1. Parties: Identification of the software provider/licensor and the user/licensee with complete legal details
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 other key terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, and any territorial or user number limitations
5. License Restrictions: Specific prohibitions and limitations on software use, modification, and distribution
6. User Obligations: Requirements and responsibilities of the user in using the software
7. Intellectual Property Rights: Declaration of ownership and protection of IP rights in compliance with Indonesian copyright law
8. Data Protection and Privacy: Obligations regarding personal data handling under Indonesian data protection laws
9. Term and Termination: Duration of the agreement and conditions for termination
10. Fees and Payment: License fees, payment terms, and any recurring charges
11. Warranties and Disclaimers: Software performance warranties and limitation of warranties
12. Limitation of Liability: Scope of liability limitations under Indonesian law
13. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Service Level Agreement: Include when providing specific performance guarantees or support services
2. Third-Party Software: Include when the software incorporates third-party components or dependencies
3. Export Control: Include for software with international usage or containing controlled technology
4. Source Code Escrow: Include when providing source code access or escrow arrangements
5. Professional Services: Include when offering implementation, training, or consulting services
6. Data Processing Agreement: Include when software processes personal data as defined under Indonesian law
7. Disaster Recovery: Include for critical software requiring specific recovery procedures
1. Schedule A - Software Description: Detailed description of the software, including versions, modules, and technical specifications
2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule C - Service Levels: Performance metrics, support hours, and response times if applicable
4. Schedule D - Technical Requirements: Minimum system requirements and technical specifications for software operation
5. Schedule E - Data Processing Terms: Detailed terms for personal data processing in compliance with Indonesian regulations
6. Appendix 1 - Authorized Users: Definition and list of authorized users or user categories
7. Appendix 2 - Security Requirements: Security protocols and requirements for software usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
E-commerce
Manufacturing
Professional Services
Telecommunications
Government Services
Retail
Logistics
Insurance
Banking
Construction
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Information Security
Operations
Contract Management
Software Asset Management
Corporate Affairs
Technology Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Compliance Officer
Information Security Manager
Contract Administrator
Risk Manager
Chief Information Officer
Software Asset Manager
IT Operations Manager
Legal Operations Director
Chief Legal Officer
Technology Procurement Specialist
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