This Private Software License agreement is essential for organizations seeking to license software products within Saudi Arabia's jurisdiction. It provides a comprehensive framework for software licensing transactions while ensuring compliance with Saudi Arabian laws, regulations, and Sharia principles. The document is particularly relevant when establishing commercial software licensing arrangements between providers and users, covering crucial aspects such as usage rights, intellectual property protection, payment terms, and compliance requirements. It incorporates specific provisions required under Saudi Arabian Electronic Transactions Law, Copyright Law, and data protection regulations, making it suitable for both domestic and international software licensing transactions within the Kingdom.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. License Grant: Scope of the license, usage rights, and restrictions on use of the software
5. License Fees and Payment: Financial terms, payment schedule, and currency specifications
6. Intellectual Property Rights: Declaration of ownership rights, protection of IP, and restrictions on modification
7. Confidentiality: Protection of confidential information and trade secrets
8. Warranties and Representations: Software performance guarantees and compliance with Saudi law
9. Limitation of Liability: Extent and limitations of liability under Saudi law
10. Term and Termination: Duration of license, renewal terms, and termination conditions
11. Governing Law and Jurisdiction: Specification of Saudi law application and dispute resolution mechanisms
12. General Provisions: Standard clauses including force majeure, notices, and assignment rights
1. Data Protection and Privacy: Required if the software processes personal data, ensuring compliance with Saudi data protection laws
2. Source Code Escrow: Optional provision for source code protection and access under specific conditions
3. Professional Services: Include if implementation, training, or support services are part of the agreement
4. Service Level Agreement: Required for software with uptime commitments or performance guarantees
5. Third-Party Software: Include if the software incorporates third-party components
6. Export Control: Required if the software is subject to international trade restrictions
7. Disaster Recovery: Include for business-critical software applications
8. Shariah Compliance Declaration: Optional detailed section confirming compliance with Islamic principles
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Hardware, software, and network requirements for running the software
4. Schedule 4 - Support and Maintenance: Details of support services, response times, and maintenance terms
5. Schedule 5 - Information Security Requirements: Security standards and compliance requirements
6. Appendix A - Authorized Users: Definition and limitations of authorized software users
7. Appendix B - Acceptance Testing: Criteria and procedures for software acceptance
8. Appendix C - Data Processing Terms: Specific terms for handling and processing data if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Telecommunications
Professional Services
Government Services
Oil and Gas
Construction
Banking
Insurance
Logistics
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Finance
Risk Management
Operations
Software Development
Commercial
Vendor Management
Corporate Affairs
Technical Operations
Business Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Chief Information Officer
Commercial Director
Legal Director
IT Security Manager
Contract Manager
Business Development Manager
Software Asset Manager
Technology Operations Manager
Risk Management Officer
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