The Proprietary Software License Agreement is essential for organizations seeking to license software products within Saudi Arabia's jurisdiction. This document is specifically designed for situations where a software owner grants limited usage rights while retaining full ownership and intellectual property rights. It addresses key aspects such as permitted uses, territorial restrictions, and compliance with Saudi Arabian regulations, including the Copyright Law (Royal Decree No. M/41) and E-Commerce Law (Royal Decree No. M/126). The agreement is particularly relevant given Saudi Arabia's digital transformation initiatives and increasing focus on technology sector development. It includes comprehensive provisions for software deployment, maintenance, technical support, and data protection, while ensuring compliance with both technical requirements and Sharia principles that underpin Saudi Arabian commercial law.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, 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, legal terms, and other key concepts used throughout the agreement
4. Grant of License: Scope and nature of the license, including usage rights, restrictions, and territory limitations
5. License Fees and Payment Terms: Financial terms, payment schedule, and currency specifications
6. Intellectual Property Rights: Assertion of ownership rights, protection of IP, and handling of derivative works
7. Confidentiality: Protection of proprietary information, trade secrets, and confidential data
8. Warranties and Representations: Software performance guarantees, compliance with laws, and ownership warranties
9. Limitation of Liability: Scope of liability limitations and exclusions permitted under Saudi law
10. Term and Termination: Duration of the license, renewal terms, and termination conditions
11. Post-Termination Obligations: Requirements after agreement termination, including data handling and software removal
12. Governing Law and Jurisdiction: Specification of Saudi Arabian law and relevant jurisdiction for dispute resolution
13. General Provisions: Standard legal clauses including force majeure, notices, and assignment rights
1. Source Code Escrow: Terms for source code protection and release conditions - used when source code access might be needed in specific circumstances
2. Professional Services: Terms for additional services like implementation or customization - included when professional services are part of the deal
3. Service Level Agreement: Performance metrics and service standards - used for software with ongoing service components
4. Data Protection and Privacy: Specific data handling requirements - included when personal data processing is involved
5. Export Control: Export regulations compliance - needed for international licensing
6. Third-Party Software: Terms relating to incorporated third-party components - used when the software includes third-party elements
7. Disaster Recovery: Business continuity and recovery procedures - important for business-critical software
8. Training and Support: Terms for user training and technical support - included when these services are offered
1. Software Description: Detailed technical specifications, features, and functionality of the licensed software
2. License Fees Schedule: Detailed breakdown of all fees, payment terms, and pricing structures
3. Technical Requirements: Hardware, software, and network requirements for proper operation
4. Support Services: Detailed support terms, response times, and escalation procedures
5. Authorized Users: Definition and limitations of authorized users and access rights
6. Implementation Plan: Timeline and milestones for software deployment and integration
7. Security Requirements: Specific security protocols and requirements for software operation
8. Acceptance Testing: Criteria and procedures for software acceptance testing
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Finance
Healthcare
Education
Government and Public Sector
Telecommunications
Manufacturing
Retail
Energy and Utilities
Professional Services
Defense and Security
Transportation and Logistics
Construction
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Software Development
Contract Management
Digital Transformation
Technical Support
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Compliance Officer
Information Security Manager
Contract Administrator
Technology Risk Manager
Chief Information Officer
Software Asset Manager
Legal Operations Manager
IT Operations Manager
Chief Legal Officer
Digital Transformation Director
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