The Reseller Software License Agreement is essential when a software company wants to expand its distribution network through third-party resellers. This document, governed by U.S. law, establishes the legal framework for the business relationship, defining the rights, responsibilities, and limitations of both parties. It typically includes provisions for intellectual property protection, territory restrictions, pricing structures, marketing requirements, and support obligations. The agreement ensures compliance with various U.S. federal and state regulations, including software licensing laws, data privacy requirements, and export controls.
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1. Parties: Identification of licensor and reseller with full legal names and addresses
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Key terms used throughout the agreement including Software, Territory, End Users, etc.
4. Grant of License: Scope of rights granted to reseller, including territory and exclusivity terms
5. Reseller Obligations: Core responsibilities of the reseller including sales targets, marketing requirements
6. Intellectual Property Rights: Protection of software IP and usage restrictions
7. Fees and Payment Terms: Pricing structure, payment schedule, and related terms
8. Term and Termination: Duration of agreement and conditions for termination
1. Marketing and Promotion: Specific marketing requirements and brand guidelines when marketing efforts are required from reseller
2. Training Requirements: Reseller training obligations and support for complex software requiring technical expertise
3. Service Level Agreement: Support and maintenance terms when ongoing support is part of the arrangement
4. Data Protection: Specific data handling requirements when personal data processing is involved
1. Software Description Schedule: Detailed technical specifications of the software
2. Territory Definition Schedule: Detailed description of authorized sales territory
3. Price List Schedule: Current pricing structure and discounts
4. Service Level Agreement Schedule: Detailed support and maintenance terms
5. End User License Agreement: Standard EULA to be used with end customers
6. Marketing Guidelines Schedule: Brand usage and marketing requirements
Relevant legal definitions
Clauses
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