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Software Royalty Agreement for Saudi Arabia

Software Royalty Agreement Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes the terms and conditions for licensing software and the associated royalty payment structure. The document details the rights granted to the licensee, calculation and payment of royalties, reporting requirements, intellectual property protections, and compliance with Saudi Arabian regulations including Sharia principles. It encompasses provisions for technical support, maintenance, confidentiality, and dispute resolution mechanisms while ensuring adherence to Saudi Arabia's electronic transactions and commercial laws.

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What is a Software Royalty Agreement?

The Software Royalty Agreement is essential for businesses engaging in software licensing transactions within Saudi Arabia or with Saudi Arabian entities. This document is typically used when a software owner wishes to grant rights to use their software while receiving ongoing royalty payments based on usage, sales, or other metrics. The agreement must comply with Saudi Arabian laws, including the Commercial Courts Law, Copyright Law, and E-Commerce Law, while adhering to Sharia principles. It provides comprehensive coverage of licensing terms, royalty calculations, payment mechanisms, technical specifications, and support obligations. The document is particularly crucial for international software companies entering the Saudi market or local companies licensing software products, as it addresses specific requirements of Saudi Arabian jurisdiction while protecting both parties' interests in the software licensing arrangement.

What sections should be included in a Software Royalty Agreement?

1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of the software and the parties' intention to enter into a royalty arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms, financial terms, and legal concepts

4. Grant of License: Scope of the license granted, including territory, exclusivity/non-exclusivity, and permitted uses

5. Royalty Payments: Detailed structure of royalty calculations, payment terms, currency, and payment methods

6. Reporting and Auditing: Requirements for usage reporting, sales reporting, and audit rights

7. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of improvements

8. Warranties and Representations: Standard warranties regarding software ownership, non-infringement, and performance

9. Support and Maintenance: Terms for technical support, updates, and maintenance services

10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

11. Confidentiality: Protection of confidential information and trade secrets

12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for dispute resolution

13. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment

What sections are optional to include in a Software Royalty Agreement?

1. Source Code Escrow: Terms for source code escrow arrangement, used when licensee requires additional security

2. Export Control: Compliance with export control regulations, needed for international arrangements

3. Data Protection: Specific provisions for handling personal data, required if software processes personal information

4. Training and Implementation: Terms for initial setup and training, included if licensor provides these services

5. Localization Rights: Rights and obligations regarding software translation and adaptation for local market

6. Sub-licensing Rights: Terms for sub-licensing if permitted under the agreement

7. Competition Restrictions: Non-compete and territorial restrictions, included when exclusive arrangements are made

What schedules should be included in a Software Royalty Agreement?

1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software

2. Schedule 2 - Royalty Calculations: Detailed formula and examples of royalty calculations

3. Schedule 3 - Service Level Agreement: Performance metrics and service standards

4. Schedule 4 - Support and Maintenance Specifications: Detailed description of support services and response times

5. Schedule 5 - Approved Sub-licensees: List of approved sub-licensees if applicable

6. Appendix A - Reporting Templates: Standard forms for usage and royalty reporting

7. Appendix B - Technical Requirements: Minimum technical requirements for software operation

8. Appendix C - Contact Details: Key contacts for technical, commercial, and legal matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






















































Clauses
















































Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Telecommunications

Manufacturing

Retail

Education

Government Services

Professional Services

E-commerce

Gaming and Entertainment

Automotive

Energy and Utilities

Relevant Teams

Legal

Finance

Information Technology

Software Development

Commercial

Compliance

Business Development

Sales

Product Management

Intellectual Property

Contract Management

Treasury

Technical Support

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

Intellectual Property Manager

Commercial Director

Finance Director

Software Development Manager

Business Development Manager

Compliance Officer

Contract Administrator

Chief Financial Officer

Technology Director

Sales Director

Software Engineer

Product Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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