The Software Subscription Agreement is designed for use in the Indian market where software-as-a-service (SaaS) and subscription-based software solutions are increasingly prevalent. This agreement is essential when a software provider offers access to their software products on a subscription basis, whether cloud-based or locally hosted. It ensures compliance with Indian regulatory requirements, including the Information Technology Act, 2000, data protection rules, and consumer protection laws. The document covers critical aspects such as subscription terms, service levels, data handling, security measures, and payment terms, while incorporating necessary provisions for intellectual property protection and liability limitations. This agreement is particularly relevant for business-to-business transactions but can be adapted for consumer applications with appropriate modifications to meet consumer protection requirements.
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1. Parties: Identification of the contracting parties - software provider and subscriber
2. Background: Context of the agreement and brief description of the software service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Subscription Grant: Terms of the subscription license, scope of use, and access rights
5. Service Access and Availability: Details of how the software is accessed and availability commitments
6. Fees and Payment: Subscription fees, payment terms, and billing procedures
7. Customer Obligations: Responsibilities and obligations of the subscriber, including acceptable use policies
8. Provider Obligations: Core obligations of the software provider, including service delivery and support
9. Data Protection and Security: Data handling, security measures, and privacy compliance requirements
10. Intellectual Property Rights: IP ownership, rights, and restrictions
11. Term and Termination: Duration of agreement, renewal terms, and termination provisions
12. Confidentiality: Protection and handling of confidential information
13. Warranties and Disclaimers: Software warranties, service level commitments, and limitations
14. Limitation of Liability: Liability caps and exclusions
15. Indemnification: Mutual indemnification obligations
16. Force Majeure: Provisions for unforeseen circumstances and force majeure events
17. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for disputes
18. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Service Level Agreement: Detailed service level commitments and remedies - required for enterprise or mission-critical software
2. Professional Services: Terms for additional services like implementation, training, or customization
3. Disaster Recovery: Disaster recovery and business continuity provisions - important for enterprise customers
4. Audit Rights: Rights to audit usage and compliance - relevant for enterprise licenses
5. Insurance: Insurance requirements - typically included in enterprise agreements
6. Export Control: Export control compliance - required if software is subject to export regulations
7. Third-Party Software: Terms relating to incorporated third-party software - needed if third-party components are included
8. Marketing Rights: Rights to use customer name/logo for marketing - optional promotional rights
1. Schedule 1 - Service Description: Detailed description of the software service, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and remedies
3. Schedule 3 - Support Services: Support service levels, response times, and escalation procedures
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Security Requirements: Detailed security specifications and requirements
6. Schedule 6 - Data Processing Agreement: Detailed data processing terms and compliance requirements
7. Schedule 7 - Acceptable Use Policy: Detailed acceptable use terms and restrictions
8. Appendix A - Technical Requirements: Minimum technical requirements for using the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Education
Manufacturing
Professional Services
Telecommunications
Retail
Government and Public Sector
Media and Entertainment
Real Estate
Logistics and Supply Chain
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Information Security
Operations
Risk Management
Software Development
Product Management
Customer Success
Vendor Management
Contract Administration
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Chief Information Officer
Compliance Officer
Contract Manager
Chief Financial Officer
Operations Director
Information Security Manager
Risk Manager
Business Development Manager
Project Manager
Technical Account Manager
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