This Private Software License agreement is designed for use in the Indian jurisdiction when a software owner wishes to grant usage rights to their software while maintaining ownership and control over intellectual property. The document is particularly relevant in situations where software is being licensed to private businesses or individuals, incorporating necessary protections under the Information Technology Act, 2000, the Copyright Act, 1957, and other relevant Indian legislation. It provides comprehensive coverage of licensing terms, usage restrictions, liability limitations, and technical requirements, while ensuring compliance with Indian data protection and privacy laws. The agreement is structured to protect both licensor and licensee interests while maintaining clarity on rights, obligations, and remedies available under Indian law.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Term and Termination: Duration of the license and conditions for termination
7. Intellectual Property Rights: Declaration and protection of IP rights in the software
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Warranties and Representations: Warranties provided by the licensor and limitations
10. Limitation of Liability: Scope and limits of liability for both parties
11. Indemnification: Mutual indemnification obligations and procedures
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Software Maintenance and Support: Terms for ongoing maintenance and technical support - include if support services are part of the agreement
2. Data Protection and Privacy: Specific provisions for handling personal data - include if software processes personal information
3. Multi-User License Terms: Additional terms for multiple user licenses - include if software will be used by multiple users
4. Third-Party Software Components: Details of third-party software integration - include if software incorporates third-party components
5. Export Controls: Compliance with export regulations - include if software may be used internationally
6. Source Code Escrow: Terms for source code escrow arrangements - include if source code access might be needed
7. Service Level Agreement: Performance metrics and service levels - include if specific performance guarantees are required
8. Audit Rights: Terms for usage auditing - include for high-value licenses or when compliance monitoring is needed
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Fee Structure: Detailed breakdown of license fees and payment terms
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule D - Support Services: Detailed description of support services and service levels if included
5. Schedule E - Authorized Users: List of authorized users or user categories if applicable
6. Appendix 1 - Installation Guidelines: Step-by-step installation and deployment instructions
7. Appendix 2 - Acceptable Use Policy: Detailed rules and restrictions for software usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Services
Financial Services
Healthcare
E-commerce
Manufacturing
Professional Services
Education
Telecommunications
Retail
Business Process Outsourcing
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Software Development
Information Security
Vendor Management
Business Development
Operations
Technical Support
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
IT Director
Procurement Manager
Contract Manager
Software Development Manager
Information Security Officer
Risk Management Officer
Compliance Officer
Technical Account Manager
Business Development Manager
IT Project Manager
Software Asset Manager
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