Third Party License Agreement Template for India

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Key Requirements PROMPT example:

Third Party License Agreement

"I need a Third Party License Agreement for licensing our enterprise software solution to an Indian healthcare provider, including strict data protection clauses and user limitations for 500 concurrent users, with the agreement starting from March 1, 2025."

Document background
The Third Party License Agreement is essential for organizations seeking to formalize the authorized use of proprietary assets by external parties within the Indian jurisdiction. This document is typically employed when a company wants to grant another entity the right to use its intellectual property, software, technology, or content while maintaining control over its assets and ensuring proper usage. The agreement must comply with Indian contract law, particularly the Indian Contract Act, 1872, and various technology and IP-related regulations. It covers crucial aspects such as scope of license, usage limitations, fee structures, compliance requirements, and protection mechanisms. This type of agreement is particularly important in today's digital economy where technology transfer and IP licensing are common business practices, requiring careful consideration of both commercial and legal aspects under Indian law.
Suggested Sections

1. Parties: Identification and details of the licensor, licensee, and any other relevant parties

2. Background: Context of the agreement, relationship between parties, and purpose of the license

3. Definitions: Defined terms used throughout the agreement

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

5. License Fees and Payment Terms: Financial terms, payment schedule, and related obligations

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

7. Intellectual Property Rights: Ownership of IP, protection measures, and infringement handling

8. Confidentiality: Protection and handling of confidential information

9. Warranties and Representations: Promises and assurances made by each party

10. Limitation of Liability: Caps on liability and exclusions

11. Indemnification: Protection against third-party claims and other losses

12. Compliance with Laws: Obligations to comply with applicable regulations

13. Dispute Resolution: Process for handling disputes including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures

Optional Sections

1. Support and Maintenance: Terms for ongoing technical support and maintenance - include when the license includes software or technical products

2. Service Levels: Performance standards and metrics - include for software or platform licenses

3. Data Protection: Specific provisions for handling personal data - include when personal data processing is involved

4. Export Control: Compliance with export regulations - include for international licensing

5. Source Code Escrow: Terms for source code protection - include for critical software licenses

6. Training and Implementation: Terms for user training and system implementation - include for complex technical products

7. Audit Rights: Rights to audit usage and compliance - include for usage-based licensing

8. Insurance: Insurance requirements - include for high-risk or high-value licenses

Suggested Schedules

1. Schedule 1 - Licensed Materials: Detailed description of licensed software, content, or technology

2. Schedule 2 - Technical Specifications: Technical requirements, functionality, and performance specifications

3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, payment terms, and pricing models

4. Schedule 4 - Service Level Agreement: Detailed service levels, metrics, and remedies

5. Schedule 5 - Support and Maintenance Services: Detailed support terms, response times, and maintenance procedures

6. Appendix A - Authorized Users: List of authorized users or user categories and access rights

7. Appendix B - Security Requirements: Specific security protocols and requirements

8. Appendix C - Implementation Plan: Timeline and milestones for implementation 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

Telecommunications

Digital Media

Healthcare Technology

Financial Technology

Manufacturing

Education Technology

E-commerce

Entertainment

Pharmaceutical

Biotechnology

Research and Development

Professional Services

Automotive

Relevant Teams

Legal

Compliance

Intellectual Property

Information Technology

Business Development

Product Development

Operations

Risk Management

Commercial

Procurement

Software Development

Partner Relations

Relevant Roles

Legal Counsel

Licensing Manager

Intellectual Property Manager

Contract Administrator

Business Development Manager

Technology Transfer Officer

Commercial Director

Chief Technology Officer

Chief Legal Officer

Compliance Officer

Product Manager

Software Development Manager

Partnership Manager

Operations Director

Risk 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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