The License And Service Agreement is essential for technology transactions in India where software licensing is combined with ongoing service provision. This document is commonly used when a provider offers both software products and associated services such as implementation, maintenance, support, or customization. It needs to comply with Indian legislation, including the Information Technology Act, 2000, and the Indian Contract Act, 1872. The agreement typically includes detailed terms about license scope, usage restrictions, service levels, support obligations, warranties, and liability limitations. It's particularly important in enterprise software deployments, SaaS implementations, and technology service arrangements where both access to intellectual property and service delivery need to be governed under a single framework. The document should address specific Indian regulatory requirements regarding data protection, intellectual property rights, and service tax implications.
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1. Parties: Identifies and provides details of the contracting parties
2. Background: Sets out the context and commercial purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and restrictions of the license being granted
5. Services: Details the services to be provided, including implementation and support
6. Service Levels: Establishes performance standards and metrics for the services
7. Fees and Payment: Outlines the fee structure, payment terms, and billing procedures
8. Intellectual Property Rights: Addresses ownership and usage rights of IP involved
9. Confidentiality: Provides for protection of confidential information
10. Data Protection: Sets out obligations regarding data handling and security
11. Warranties and Representations: States the promises and guarantees made by each party
12. Liability and Indemnification: Allocates risks and establishes liability limits
13. Term and Termination: Specifies duration, renewal, and termination provisions
14. Force Majeure: Addresses unforeseen circumstances affecting performance
15. General Provisions: Contains standard boilerplate clauses
1. Regulatory Compliance: Required when specific regulatory requirements apply to the services or industry
2. International Operations: Needed when services are provided across multiple jurisdictions
3. Integration Requirements: Used when the licensed software needs to integrate with other systems
4. Training and Documentation: Included when specific training or documentation requirements exist
5. Business Continuity: Required for critical services requiring disaster recovery planning
6. Security Requirements: Detailed security obligations beyond standard data protection
7. Change Control: Needed when formal change management procedures are required
8. Audit Rights: Important when compliance or performance verification is crucial
1. Service Description: Detailed technical specifications of services to be provided
2. Service Levels and KPIs: Detailed metrics, measurement methods, and remedies
3. Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Technical Requirements: Hardware, software, and network specifications
5. Support and Maintenance: Details of support services, response times, and escalation procedures
6. Data Processing Agreement: Detailed terms for personal data processing if applicable
7. Business Continuity Plan: Disaster recovery and business continuity procedures
8. Implementation Plan: Project plan for implementation and go-live
9. Approved Subcontractors: List of approved third-party service providers if any
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Financial Services
Healthcare Technology
E-commerce
Telecommunications
Digital Media
Manufacturing
Professional Services
Education Technology
Enterprise Software
Cybersecurity
Business Process Outsourcing
Infrastructure Services
Relevant Teams
Legal
Information Technology
Procurement
Vendor Management
Service Delivery
Operations
Compliance
Commercial
Software Development
Project Management
Contract Administration
Technical Support
Solution Architecture
Business Development
Relevant Roles
Chief Technology Officer
Head of Legal
IT Director
Procurement Manager
Software Licensing Manager
Contract Manager
Legal Counsel
Commercial Director
Service Delivery Manager
Chief Information Officer
Vendor Management Lead
IT Operations Manager
Solutions Architect
Technology Compliance Officer
Business Development Manager
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