The Shared Software License agreement is essential when multiple entities need to access and utilize the same software solution under a common licensing framework in India. This document type is particularly relevant when organizations seek to optimize software costs through shared licensing arrangements while ensuring legal compliance with Indian regulations. The agreement covers crucial aspects such as license scope, user rights, cost sharing, maintenance obligations, and compliance requirements under Indian law. It specifically addresses the unique aspects of shared software licensing, including user allocation, access rights, and responsibility distribution among licensees. The document ensures compliance with Indian IT laws, including the Information Technology Act, 2000, and related regulations while protecting the intellectual property rights of the software provider and establishing clear operational guidelines for all parties involved.
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1. Parties: Identification of the licensor and all licensees participating in the shared license arrangement
2. Background: Context of the agreement, including the software's purpose and the basis for shared licensing
3. Definitions: Detailed definitions of technical terms, parties, software components, and other key terms used in the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Fee and Payment Terms: Details of licensing costs, payment schedule, and cost-sharing arrangements between licensees
6. Term and Termination: Duration of the license and conditions for termination or renewal
7. User Rights and Restrictions: Specific permissions and limitations on software usage, including user numbers and locations
8. Maintenance and Support: Terms for ongoing software maintenance, updates, and technical support
9. Intellectual Property Rights: Protection of IP rights and ownership of the software and derivative works
10. Warranties and Representations: Guarantees regarding software performance, ownership, and non-infringement
11. Limitation of Liability: Limits on liability and indemnification provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Data Protection and Privacy: Required when the software processes personal data or when compliance with specific data protection regulations is needed
2. Source Code Escrow: Optional provision for source code protection through third-party escrow services
3. Geographic Restrictions: Needed when the license has territorial limitations or specific jurisdictional requirements
4. Third-Party Software: Required when the software incorporates third-party components or dependencies
5. Export Control: Necessary when the software is subject to export control regulations
6. Training and Implementation: Include when the agreement covers initial setup and user training services
7. Service Level Agreement: Optional section defining performance metrics and service standards
8. Disaster Recovery: Required for critical software implementations requiring business continuity provisions
1. Schedule A - Software Description: Detailed technical specifications and components of the licensed software
2. Schedule B - License Fee Structure: Breakdown of licensing costs, payment terms, and cost allocation between licensees
3. Schedule C - Service Level Requirements: Technical performance standards, response times, and support levels
4. Schedule D - Authorized Users: List of authorized users or user categories and their access rights
5. Schedule E - Technical Requirements: Minimum system requirements and technical specifications for software operation
6. Appendix 1 - Support and Maintenance Procedures: Detailed procedures for obtaining technical support and maintenance services
7. Appendix 2 - Security Requirements: Security protocols and requirements for software usage and data protection
8. Appendix 3 - Acceptance Testing Criteria: Criteria and procedures for software acceptance testing
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Professional Services
Telecommunications
Government and Public Sector
Insurance
E-commerce
Logistics and Supply Chain
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Risk Management
Information Security
Operations
Software Asset Management
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Compliance Officer
Information Security Manager
Contract Manager
Chief Information Officer
IT Operations Manager
Enterprise Architect
Chief Financial Officer
Risk Manager
Technology Procurement Specialist
Software Asset Manager
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