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Software License Subscription

Software License Subscription Template for India

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Key Requirements PROMPT example:

Software License Subscription

"I need a Software License Subscription agreement for enterprise-level HR management software to be deployed across our offices in multiple Indian states, with implementation starting January 2025, including provisions for data localization and integration with our existing payroll systems."

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This Software License Subscription agreement is designed for use in the Indian market where software is provided on a subscription basis rather than through perpetual licensing. It's particularly relevant in today's cloud-based and SaaS-driven technology landscape, where businesses increasingly prefer subscription-based software solutions. The document ensures compliance with Indian legal requirements, including the Information Technology Act, 2000, data protection rules, and consumer protection laws. It's structured to address both technical and commercial aspects of software licensing, incorporating essential elements such as usage rights, service levels, support services, and data security measures. The agreement is adaptable for various business contexts, from simple single-user subscriptions to complex enterprise-wide deployments, and includes provisions for regular updates and maintenance services.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Scope, nature, and limitations of the software license being granted

5. Subscription Terms: Duration, renewal conditions, and subscription period details

6. Payment Terms: Subscription fees, payment schedule, and payment methods

7. Service Levels: Performance standards, availability commitments, and support services

8. User Restrictions: Limitations on use, prohibited activities, and user obligations

9. Intellectual Property Rights: Ownership of IP, protection of rights, and related warranties

10. Data Protection and Security: Data handling obligations, security measures, and compliance requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Disclaimers: Software performance warranties and limitation of warranties

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. Term and Termination: Duration, renewal, termination rights, and post-termination obligations

15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Third-Party Integrations: Terms relating to third-party software integration, used when the software interfaces with other products

2. Professional Services: Terms for additional services like implementation or training, included when such services are part of the offering

3. Disaster Recovery: Specific disaster recovery and business continuity obligations, important for enterprise-critical software

4. Audit Rights: Rights to audit usage and compliance, typically included in enterprise agreements

5. Source Code Escrow: Terms for source code escrow arrangements, included for mission-critical software

6. Geographic Restrictions: Specific territorial limitations or requirements, needed for geographically restricted licenses

7. Insurance Requirements: Specific insurance obligations, typically included in enterprise or high-value agreements

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. Service Level Agreement: Detailed performance metrics, support levels, and related penalties/credits

3. Fee Schedule: Detailed breakdown of all applicable fees and payment terms

4. Technical Requirements: Minimum system requirements and technical specifications for software operation

5. Support Services: Detailed description of support and maintenance services

6. Data Processing Agreement: Detailed terms for processing personal data in compliance with applicable laws

7. Acceptable Use Policy: Detailed rules and restrictions regarding 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 legal definitions
Acceptance
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure
Intellectual Property Rights
License Term
Licensed Software
Maintenance Services
Personal Data
Service Levels
Software Updates
Subscription Period
Support Services
System Requirements
Technical Specifications
Third Party Software
User Credentials
Security Breach
Subscription Fees
Source Code
Service Credits
Renewal Term
Related Services
Platform
Permitted Purpose
Output Data
Notice
Modifications
License Grant
Installation
Implementation Services
Harmful Code
Escrow Agent
Disaster Recovery Plan
Data Protection Laws
Customization
Commencement Date
Business Hours
Backup Copy
Authorized Devices
Relevant Industries

Information Technology

Software Development

Cloud Services

Enterprise Software

SaaS

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Vendor Management

Technical Operations

Software Development

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software License Manager

Compliance Officer

Information Security Manager

Contract Manager

Technical Operations Manager

Chief Information Officer

Software Development Manager

IT Procurement Specialist

Legal Operations Manager

Risk Manager

Vendor Management Specialist

Industries
Information Technology Act, 2000: Primary legislation governing electronic commerce and digital transactions in India, including software licensing and digital contracts
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India, essential for any contractual agreement
Copyright Act, 1957: Governs intellectual property rights in India, including software copyright protection and licensing
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Regulates the handling of personal data and security practices in digital transactions
Consumer Protection Act, 2019: Relevant for software licensing to end-users, covering consumer rights and protections in digital products
Foreign Exchange Management Act, 1999: Important if the software license involves cross-border transactions or payments
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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