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Boilerplate Software License Agreement

Boilerplate Software License Agreement Template for India

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Key Requirements PROMPT example:

Boilerplate Software License Agreement

"I need a Boilerplate Software License Agreement for enterprise-level accounting software that will be deployed across our company's offices in Mumbai and Delhi, with provisions for 500 concurrent users and quarterly payment terms, including specific data protection clauses compliant with Indian IT laws."

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Document background
This Boilerplate Software License Agreement serves as a standardized legal framework for software licensing transactions in India. It is designed for use when a software provider needs to grant usage rights to their software products while protecting their intellectual property rights and limiting liability. The agreement incorporates essential elements required under Indian law, including compliance with the Information Technology Act, 2000, and related regulations. It is particularly useful for software companies, technology providers, and businesses engaging in software licensing transactions within the Indian jurisdiction. The document includes comprehensive provisions for license scope, usage restrictions, fees, warranties, and termination rights, making it suitable for both straightforward and complex software licensing arrangements.
Suggested Sections

1. Parties: Identification of the licensor and licensee with complete legal details

2. Background: Context of the agreement and brief description of the software product

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions

5. License Fees and Payment Terms: Details of licensing costs, payment schedule, and payment methods

6. Intellectual Property Rights: Declaration of ownership and IP rights over the software

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Warranties and Representations: Warranties provided by the licensor and disclaimer of warranties

9. Limitation of Liability: Limits on liability and exclusions of certain types of damages

10. Term and Termination: Duration of the agreement and conditions for termination

11. Post-Termination Obligations: Actions required after agreement termination

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

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

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangement, used when source code access might be needed in specific circumstances

2. Professional Services: Terms for additional services like implementation or customization, included when services are part of the deal

3. Service Level Agreement: Performance standards and metrics, included for software-as-a-service arrangements

4. Data Protection and Privacy: Detailed data handling terms, required when personal data processing is involved

5. Export Control: Compliance with export regulations, needed for international licensing

6. Third-Party Software: Terms relating to incorporated third-party software, used when relevant

7. Audit Rights: Terms allowing licensor to audit licensee's usage, included for complex enterprise licenses

Suggested Schedules

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

2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms

3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software usage

4. Schedule D - Support and Maintenance Terms: Details of support services, maintenance, and updates if included

5. Schedule E - Authorized Users: Definition and listing of authorized users or user categories

6. Appendix 1 - Acceptance Testing: Procedures and criteria for software acceptance testing

7. Appendix 2 - Security Requirements: Security standards and requirements for software usage

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Manufacturing

Retail

Education

Telecommunications

Professional Services

E-commerce

Government and Public Sector

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Sales

Business Development

Risk Management

Contract Administration

Software Development

Product Management

Operations

Vendor Management

Relevant Roles

Legal Counsel

Software Licensing Manager

IT Director

Chief Technology Officer

Procurement Manager

Contract Administrator

Compliance Officer

Software Asset Manager

Business Development Manager

Legal Operations Manager

Technology Consultant

Software Sales Manager

IP Rights Manager

Risk Manager

Industries
Information Technology Act, 2000: Primary legislation governing electronic commerce and digital transactions in India, including software licensing and electronic contracts
Copyright Act, 1957: Protects software as literary work and governs the rights of software creators, including licensing and distribution rights
Indian Contract Act, 1872: Governs the basic principles of contract formation, validity, and enforcement applicable to license agreements
Consumer Protection Act, 2019: Protects consumer interests and applies to software products and services, including digital products
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Regulates the collection, processing, and storage of personal data in digital form
Patents Act, 1970: Relevant for software-related patents and patent licensing provisions that might be included in the agreement
Competition Act, 2002: Ensures fair competition and prevents anti-competitive practices in licensing terms
Indian Registration Act, 1908: Applicable if the license agreement needs to be registered, especially for long-term or high-value agreements
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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