This On Premise Software License Agreement template is specifically designed for software licensing transactions in the Indian market, where software is installed and operated on the customer's own infrastructure. The document is essential when a software provider wishes to license their software product to customers for installation and use on the customer's local servers or systems, while retaining ownership of the intellectual property rights. It incorporates provisions compliant with Indian IT laws, data protection regulations, and contract law principles, making it suitable for both domestic and international software providers operating in India. The agreement includes comprehensive terms covering license scope, implementation requirements, maintenance services, warranties, and liability limitations, while addressing specific Indian legal and regulatory requirements.
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1. Parties: Identification of the licensor and licensee with their complete legal details
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including usage rights and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Installation and Implementation: Process and responsibilities for software installation and deployment
7. Intellectual Property Rights: Ownership of IP rights, protection of proprietary rights, and restrictions
8. Warranties and Representations: Warranties regarding software performance, ownership, and non-infringement
9. Support and Maintenance: Terms for technical support, updates, and maintenance services
10. Confidentiality: Protection of confidential information and trade secrets
11. Limitation of Liability: Limits on liability and exclusions of certain types of damages
12. Term and Termination: Duration of the license and grounds for termination
13. Post-Termination Obligations: Actions required after agreement termination
14. General Provisions: Standard clauses including governing law, jurisdiction, and dispute resolution
1. Third-Party Software: Include when the software incorporates third-party components or dependencies
2. Data Protection: Required when software processes personal or sensitive data
3. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
4. Export Controls: Necessary when software is subject to export control regulations
5. Professional Services: Include when additional implementation or customization services are provided
6. Service Level Agreement: Include when specific performance levels are guaranteed
7. Disaster Recovery: Required for business-critical software implementations
8. Insurance Requirements: Include when specific insurance coverage is required from either party
1. Software Description: Detailed technical specifications and functionality of the software
2. License Fees and Payment Schedule: Detailed breakdown of fees, payment terms, and schedules
3. Technical Requirements: Hardware and system requirements for software operation
4. Support and Maintenance Services: Detailed description of support levels, response times, and maintenance terms
5. Acceptable Use Policy: Specific rules and restrictions regarding software usage
6. Implementation Plan: Detailed timeline and milestones for software deployment
7. Service Level Metrics: Specific performance metrics and measurement criteria
8. Security Requirements: Detailed security protocols and requirements for software operation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Professional Services
Government and Public Sector
Insurance
Automotive
Pharmaceuticals
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Finance
Operations
Risk Management
Vendor Management
Technical Operations
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Information Security Manager
IT Infrastructure Manager
Enterprise Architect
Vendor Management Officer
Contract Administrator
Chief Information Officer
Software Asset Manager
Risk Manager
Technical Operations Manager
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