The Software License Reseller Agreement is essential for software companies looking to expand their distribution channels in Malta and potentially across the EU. This document is typically used when a software owner wants to authorize third parties to resell their software products while maintaining control over their intellectual property and establishing clear operational parameters. The agreement must comply with Maltese commercial law, including the Commercial Code (Chapter 13) and Electronic Commerce Act (Chapter 426), while also addressing EU-wide considerations such as GDPR compliance. It covers crucial elements such as territory definitions, pricing structures, support obligations, intellectual property protection, and termination provisions. This agreement is particularly relevant for companies establishing or expanding their presence in the Maltese market through indirect sales channels.
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1. Parties: Identification of the software owner/licensor and the appointed reseller
2. Background: Context of the agreement, including brief description of the software and business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined geographic or market territory
5. License Grant: Scope of license granted to reseller, including rights to market and distribute
6. Reseller Obligations: Core responsibilities of the reseller including marketing, sales, and customer support
7. Licensor Obligations: Core responsibilities of the licensor including support, updates, and training
8. Commercial Terms: Pricing, payment terms, commissions, and financial arrangements
9. Intellectual Property Rights: Protection and ownership of IP rights, usage of trademarks
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and termination provisions
12. Post-Termination: Rights and obligations after agreement termination
13. General Provisions: Standard legal provisions including notices, amendments, governing law
1. Minimum Purchase Requirements: Used when implementing minimum sales quotas or purchase commitments
2. White Labeling Rights: Include when reseller has rights to rebrand the software
3. Marketing Development Funds: When licensor provides marketing support funds
4. Sub-Reseller Rights: Include when reseller can appoint sub-resellers
5. Source Code Escrow: For arrangements including source code protection
6. Professional Services: When reseller can provide additional professional services
7. Data Protection: Detailed section when significant personal data processing is involved
8. Service Level Agreement: When specific performance levels are guaranteed
1. Schedule 1 - Software Description: Detailed description of licensed software and features
2. Schedule 2 - Territory Definition: Detailed description of authorized sales territory
3. Schedule 3 - Price List: Current pricing structure and reseller discounts
4. Schedule 4 - Service Level Requirements: Technical support and service level specifications
5. Schedule 5 - Trademark Usage Guidelines: Rules for using licensor's trademarks and branding
6. Schedule 6 - Reporting Templates: Required formats for sales and activity reporting
7. Appendix A - Technical Requirements: Technical specifications and requirements for software deployment
8. Appendix B - Support Procedures: Procedures for handling customer support and escalations
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Software Distribution
Technology Consulting
Cloud Services
IT Services
E-commerce
Digital Technology
Enterprise Software
Software as a Service (SaaS)
Value-Added Resellers
Systems Integration
Relevant Teams
Legal
Sales
Business Development
Channel Management
Partner Relations
Commercial Operations
Compliance
Software Distribution
Contract Administration
Revenue Operations
Partner Success
Strategic Alliances
Relevant Roles
Chief Technology Officer
Sales Director
Channel Manager
Business Development Manager
Legal Counsel
Commercial Director
Software Licensing Manager
Partner Relations Manager
Distribution Manager
Compliance Officer
Contract Manager
Partnership Director
Chief Revenue Officer
Channel Sales Executive
Software Sales Manager
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