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White Label Software License Agreement

White Label Software License Agreement Template for India

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Key Requirements PROMPT example:

White Label Software License Agreement

"I need a White Label Software License Agreement for my fintech software that will be licensed to banks in India, with specific provisions for data security compliance and integration with banking systems, planned to commence from March 2025."

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The White Label Software License Agreement is essential for businesses in India seeking to establish software licensing partnerships where one party's software is rebranded and marketed under another party's brand. This document is particularly relevant when software providers want to expand their market reach through partnerships while maintaining their intellectual property rights. The agreement must comply with Indian legislation, including the Information Technology Act, 2000, Copyright Act, 1957, and Indian Contract Act, 1872. It typically includes detailed provisions for software usage rights, branding guidelines, technical specifications, service level commitments, support obligations, and data protection measures. This agreement is commonly used in scenarios where companies want to offer software solutions without investing in development, or when software providers want to expand their distribution channels through white-label partners.
Suggested Sections

1. Parties: Identification of the licensor (software provider) and licensee (white label partner)

2. Background: Context of the agreement, including brief description of the software and white labeling arrangement

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

4. Grant of License: Scope and nature of the software license, including white labeling rights

5. Branding Rights and Restrictions: Terms governing the licensee's right to rebrand and market the software

6. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions

7. Intellectual Property Rights: Protection of IP rights, ownership declarations, and related warranties

8. Confidentiality: Protection of confidential information and trade secrets

9. Support and Maintenance: Terms for ongoing technical support and software maintenance

10. Service Levels: Performance standards and metrics for the software

11. Term and Termination: Duration of agreement and conditions for termination

12. Warranties and Disclaimers: Warranties provided and limitations thereof

13. Limitation of Liability: Caps on liability and excluded damages

14. Indemnification: Mutual indemnification obligations

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

Optional Sections

1. Data Protection and Privacy: Required if the software processes personal data or when compliance with specific data protection regulations is needed

2. Source Code Escrow: Optional section for cases where source code access might be required under specific conditions

3. Training and Implementation: Include when the agreement covers initial setup and training services

4. Territory Restrictions: Needed when the license is limited to specific geographic regions

5. Reseller Rights: Include when the licensee is permitted to resell the white-labeled software

6. Custom Development: Required when the agreement includes provisions for customization of the software

7. Disaster Recovery: Include for critical software applications requiring specific disaster recovery protocols

Suggested Schedules

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

2. Schedule B - Service Level Agreement: Detailed performance metrics, response times, and support levels

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

4. Schedule D - Branding Guidelines: Specifications for white labeling and rebranding requirements

5. Schedule E - Technical Requirements: Hardware and software requirements for operating the software

6. Schedule F - Support Services: Detailed description of support and maintenance services

7. Appendix 1 - Approved Territories: List of territories where the software can be marketed and sold

8. Appendix 2 - Authorized Users: Categories and numbers of permitted users

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
Agreement
Acceptance Tests
Authorized Users
Background IP
Branding Guidelines
Business Day
Confidential Information
Configuration
Customer Data
Customization
Data Protection Laws
Documentation
Effective Date
End User
End User License Agreement
Fees
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License
Licensed Software
Licensee Materials
Licensor Materials
Maintenance Release
Major Release
Marks
Open Source Software
Personal Data
Professional Services
Renewal Term
Service Levels
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Documentation
White Label Rights
Working Hours
Clauses
License Grant
White Label Rights
Intellectual Property
Payment
Service Levels
Support and Maintenance
Warranties
Confidentiality
Data Protection
Implementation
Training
Technical Requirements
Branding
Term and Termination
Force Majeure
Assignment
Indemnification
Limitation of Liability
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Compliance with Laws
Export Control
Source Code Escrow
Non-Competition
Non-Solicitation
Audit Rights
Insurance
Subcontracting
Anti-Corruption
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare Technology

Educational Technology

E-commerce

Business Process Outsourcing

Professional Services

Telecommunications

Digital Marketing

Banking

Insurance

Retail Technology

Relevant Teams

Legal

Information Technology

Business Development

Product Development

Operations

Compliance

Sales

Marketing

Technical Support

Software Development

Brand Management

Partner Relations

Executive Leadership

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

Business Development Director

Partnership Manager

Product Manager

Commercial Director

Chief Information Officer

Compliance Officer

Technical Operations Manager

Sales Director

Brand Manager

IT Project Manager

Software Development Manager

Chief Executive Officer

Industries
Information Technology Act, 2000: Primary legislation governing electronic commerce and digital transactions in India, including software licensing and digital contracts
Copyright Act, 1957: Governs intellectual property rights in India, including software copyright protection and licensing provisions
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Regulations regarding data protection and privacy requirements in software operations
Consumer Protection Act, 2019: Relevant for software licensing agreements where end-users might be considered consumers under Indian law
Trade Marks Act, 1999: Important for white-label agreements where branding and trademark usage rights need to be addressed
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Relevant for software that may function as intermediaries or handle user-generated content
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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