This Software Term License agreement template is designed for use in the Indian jurisdiction when a software vendor (licensor) wishes to grant temporary, non-permanent rights to use their software to a licensee. The document is structured to comply with Indian software licensing laws, including the Information Technology Act, 2000, and incorporates necessary provisions for data protection, intellectual property rights, and consumer protection. It is particularly suitable for business-to-business software licensing transactions where the software is licensed for a specific term rather than perpetually. The agreement includes comprehensive provisions for license scope, usage restrictions, maintenance and support, compliance requirements, and termination procedures, all aligned with Indian legal requirements and business practices.
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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
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted
5. License Term and Renewal: Duration of the license and renewal provisions
6. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions
7. Permitted Use and Restrictions: Specific permissions and limitations on software usage
8. Installation and Implementation: Process and responsibilities for software deployment
9. Maintenance and Support: Terms of technical support and software updates
10. Intellectual Property Rights: Protection and ownership of IP rights
11. Warranties and Representations: Guarantees provided by both parties
12. Limitation of Liability: Scope and limits of party liabilities
13. Confidentiality: Protection of confidential information
14. Termination: Conditions and process for agreement termination
15. Post-Termination Obligations: Responsibilities after agreement ends
16. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanism
17. General Provisions: Standard boilerplate clauses including notices, assignment, etc.
1. Data Protection and Privacy: Required when software processes personal data or when compliance with specific data protection regulations is needed
2. Multi-User License Terms: Include when software is licensed for multiple users or enterprise-wide usage
3. Export Control: Required for software with international usage or containing controlled technology
4. Source Code Escrow: Include when source code access might be needed in specific circumstances
5. Disaster Recovery: Required for critical software applications where business continuity is essential
6. Security Requirements: Include when specific security protocols or compliance standards must be met
7. Training and Documentation: Required when comprehensive training and documentation are part of the license
8. Third-Party Software Components: Include when the software contains third-party elements requiring separate licensing terms
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule C - Service Level Agreement: Performance metrics, support levels, and response times
4. Schedule D - Implementation Plan: Timeline and milestones for software deployment
5. Schedule E - Acceptance Testing: Testing criteria and acceptance procedures
6. Schedule F - Authorized Users: List of permitted users or user categories and access levels
7. Schedule G - Technical Requirements: Hardware and system requirements for software operation
8. Appendix 1 - Support and Maintenance Terms: Detailed terms of technical support and maintenance services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Professional Services
Government and Public Sector
E-commerce
Media and Entertainment
Insurance
Automotive
Pharmaceuticals
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Information Security
Vendor Management
Operations
Risk Management
Software Asset Management
Relevant Roles
Chief Technology Officer
IT Director
Procurement Manager
Legal Counsel
Software Licensing Manager
Compliance Officer
IT Security Manager
Contract Administrator
Software Asset Manager
Chief Information Officer
Technology Procurement Specialist
Vendor Management Officer
Enterprise Architect
IT Operations Manager
Chief Financial Officer
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