Digital Licensing Agreement Template for India

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Key Requirements PROMPT example:

Digital Licensing Agreement

"I need a Digital Licensing Agreement for a SaaS platform that we're licensing to healthcare providers in India, with specific clauses for patient data protection and system uptime guarantees of 99.9%, planned to take effect from March 2025."

Document background
The Digital Licensing Agreement serves as a crucial legal instrument in India's rapidly evolving digital economy, designed to facilitate the authorized use of digital assets while protecting intellectual property rights. This document is essential when one party (licensor) grants another party (licensee) the right to use specific digital property, such as software, content, or technology solutions. The agreement ensures compliance with Indian legislation, particularly the Information Technology Act, 2000, Copyright Act, 1957, and related regulations. It addresses critical aspects including usage scope, technical requirements, payment terms, and liability limitations. Organizations should use this agreement when licensing digital assets, ensuring clear terms for both parties while maintaining legal compliance in the Indian jurisdiction.
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 digital property being licensed

3. Definitions: Detailed definitions of technical terms, licensed property, and other key terms used in the agreement

4. Grant of License: Scope and nature of the license being granted, including territory, exclusivity, and permitted uses

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

6. Term and Termination: Duration of the license and conditions for termination or renewal

7. Intellectual Property Rights: Ownership and protection of IP rights, including any modifications or improvements

8. Technical Requirements: Minimum technical specifications and requirements for using the licensed property

9. Usage Restrictions: Specific limitations and prohibited uses of the licensed property

10. Warranties and Representations: Warranties regarding ownership, non-infringement, and performance

11. Indemnification: Mutual indemnification obligations for various risks and losses

12. Confidentiality: Protection of confidential information shared during the license period

13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

14. Notices: Process and contact details for formal communications between parties

Optional Sections

1. Source Code Escrow: Include when source code access might be needed in specific circumstances

2. Data Protection and Privacy: Required when personal data processing is involved in the licensed technology

3. Service Level Agreement: Include for software licenses requiring specific performance standards

4. Geographic Restrictions: Needed when license is limited to specific territories or regions

5. Sublicensing Rights: Include when sublicensing is permitted under specific conditions

6. Maintenance and Support: Required when ongoing technical support is part of the agreement

7. Export Control: Include for technologies subject to export regulations

8. Force Majeure: Optional clause for circumstances beyond parties' control

9. Insurance Requirements: Include when specific insurance coverage is required

Suggested Schedules

1. Schedule A - Licensed Property: Detailed description of the digital property being licensed

2. Schedule B - Technical Specifications: Detailed technical requirements and specifications

3. Schedule C - Fee Structure: Detailed breakdown of all fees, royalties, and payment terms

4. Schedule D - Service Levels: Performance metrics and service level requirements

5. Schedule E - Support Services: Details of maintenance and support services if applicable

6. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed property

7. Appendix 2 - Security Requirements: Security protocols and requirements for using the licensed property

8. Appendix 3 - Implementation Timeline: Schedule for implementation and deployment if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Digital Media

E-commerce

Entertainment

Healthcare Technology

Financial Technology

Educational Technology

Gaming

Digital Publishing

Telecommunications

Cloud Services

Mobile Applications

Digital Marketing

Artificial Intelligence and Machine Learning

Relevant Teams

Legal

Information Technology

Procurement

Digital Operations

Intellectual Property

Compliance

Business Development

Product Development

Technology Operations

Digital Strategy

Commercial Operations

Risk Management

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Intellectual Property Manager

Software Licensing Manager

Digital Rights Manager

Contract Administrator

Business Development Manager

Technology Procurement Manager

Chief Information Officer

Digital Assets Manager

Legal Operations Manager

Compliance Officer

Product Manager

Digital Strategy Director

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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