The Master Software License Agreement is designed for situations where a software provider needs to establish a long-term licensing relationship with a customer under Indian jurisdiction. This foundational document sets out the comprehensive framework for all software licensing transactions between the parties, typically used when a customer requires enterprise-wide software deployment or ongoing software services. The agreement incorporates essential elements required under Indian law, including compliance with the Information Technology Act, 2000, data protection regulations, and intellectual property laws. It serves as the umbrella agreement under which specific software products can be licensed through individual order forms or statements of work, making it particularly suitable for complex, long-term software licensing relationships where multiple software products or modules may be licensed over time.
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1. Parties: Identification of the licensor and licensee with their complete legal details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license being granted
5. License Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
6. Delivery and Implementation: Terms regarding software delivery, installation, and implementation procedures
7. Licensed Users and Usage Restrictions: Specification of authorized users and usage limitations
8. Intellectual Property Rights: Protection and ownership of IP rights in the software and related materials
9. Confidentiality: Protection and handling of confidential information exchanged between parties
10. Warranties and Representations: Warranties provided by each party regarding the software and services
11. Support and Maintenance: Terms for ongoing technical support and software maintenance
12. Term and Termination: Duration of agreement and circumstances for termination
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. Force Majeure: Provisions for handling events beyond reasonable control
15. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Data Protection and Privacy: Required when the software processes personal data or when compliance with data protection laws is necessary
2. Source Code Escrow: Optional provision for source code escrow arrangements, typically used for mission-critical software
3. Professional Services: Include when additional professional services beyond standard support are provided
4. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
5. Export Control: Required for software subject to export control regulations
6. Business Continuity: Include for critical software implementations requiring disaster recovery provisions
7. Third-Party Software: Required when the licensed software incorporates third-party components
8. Service Level Agreement: Include when specific performance levels need to be guaranteed
9. Security Requirements: Include when specific security standards or certifications must be maintained
1. Schedule A - Licensed Software: Detailed description of licensed software components and specifications
2. Schedule B - License Fees: Detailed fee structure, payment terms, and pricing models
3. Schedule C - Service Level Agreement: Detailed performance metrics, response times, and service levels
4. Schedule D - Support and Maintenance Services: Detailed description of support services, maintenance terms, and procedures
5. Schedule E - Technical Requirements: Hardware, software, and network requirements for the licensed software
6. Schedule F - Implementation Plan: Timeline and milestones for software implementation
7. Appendix 1 - Authorized Users: List of authorized users or user categories and their access rights
8. Appendix 2 - Data Processing Terms: Detailed terms for processing personal data, if applicable
9. Appendix 3 - Security Requirements: Detailed security protocols and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Education
Government and Public Sector
Insurance
Pharmaceuticals
E-commerce
Professional Services
Media and Entertainment
Automotive
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Information Security
Risk Management
Vendor Management
Software Development
Operations
Technical Support
Contract Administration
Relevant Roles
Chief Information Officer
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Compliance Officer
Contract Manager
Information Security Officer
Risk Manager
Technology Operations Manager
Vendor Relationship Manager
Chief Financial Officer
IT Asset Manager
Software Development Manager
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