The Software Distribution Licence is essential when software owners wish to expand their market reach through third-party distributors. This agreement, governed by English and Welsh law, provides a comprehensive framework for managing the relationship between software owners and distributors, covering crucial aspects such as distribution rights, territory restrictions, revenue sharing, and quality control measures. It's particularly relevant in today's digital economy where software distribution often occurs across multiple jurisdictions and through various channels.
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1. Parties: Identification of licensor and distributor with full legal names and registered addresses
2. Background: Context of the agreement, ownership of software, and commercial intent of the parties
3. Definitions: Key terms used throughout the agreement including Software, Territory, Intellectual Property Rights
4. Grant of Licence: Scope and nature of distribution rights, including any restrictions and reservations
5. Territory: Geographical scope of distribution rights and any territorial restrictions
6. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination
7. Payment Terms: Financial arrangements, royalties, payment schedule, and reporting requirements
8. Intellectual Property Rights: Protection and ownership of IP, including trademarks and copyright notices
1. Minimum Performance Requirements: Sales targets, performance metrics, and consequences of failure to meet targets
2. White Labelling: Provisions for rebranding the software, including trademark usage guidelines
3. Source Code Escrow: Arrangements for source code protection and release conditions
4. Data Processing: GDPR compliance provisions and data protection obligations
1. Schedule 1 - Software Description: Technical specifications, functionality, and system requirements
2. Schedule 2 - Service Level Agreement: Performance standards, support requirements, and response times
3. Schedule 3 - Price List: Pricing structure, royalty calculations, and payment terms
4. Schedule 4 - End User Licence Agreement: Standard terms and conditions for end users of the software
5. Schedule 5 - Territory Map: Detailed definition and mapping of the geographical territory covered
Relevant legal definitions
Agreement
Business Day
Commencement Date
Confidential Information
Distribution Rights
Documentation
End User
End User Licence Agreement (EULA)
Effective Date
Intellectual Property Rights
Licence
Licence Fee
Licensed Software
Licensor Materials
Maintenance Release
New Version
Payment Terms
Personal Data
Price List
Royalties
Service Level Agreement
Software
Source Code
Specification
Sub-distributor
Support Services
Term
Territory
Third Party Software
Trade Marks
Updates
Warranty Period
Working Hours
Business Day
Commencement Date
Confidential Information
Distribution Rights
Documentation
End User
End User Licence Agreement (EULA)
Effective Date
Intellectual Property Rights
Licence
Licence Fee
Licensed Software
Licensor Materials
Maintenance Release
New Version
Payment Terms
Personal Data
Price List
Royalties
Service Level Agreement
Software
Source Code
Specification
Sub-distributor
Support Services
Term
Territory
Third Party Software
Trade Marks
Updates
Warranty Period
Working Hours
Clauses
Grant of Licence
Distribution Rights
Territory and Exclusivity
Term and Termination
Payment Terms
Intellectual Property Rights
Warranties and Representations
Limitation of Liability
Confidentiality
Data Protection
Non-Competition
Support and Maintenance
Quality Control
Marketing and Promotion
Audit Rights
Sub-licensing
Compliance with Laws
Insurance
Force Majeure
Assignment and Sub-contracting
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Third Party Rights
Performance Requirements
Training and Support
Reporting Requirements
Source Code Escrow
Distribution Rights
Territory and Exclusivity
Term and Termination
Payment Terms
Intellectual Property Rights
Warranties and Representations
Limitation of Liability
Confidentiality
Data Protection
Non-Competition
Support and Maintenance
Quality Control
Marketing and Promotion
Audit Rights
Sub-licensing
Compliance with Laws
Insurance
Force Majeure
Assignment and Sub-contracting
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Third Party Rights
Performance Requirements
Training and Support
Reporting Requirements
Source Code Escrow
Relevant Industries
Relevant Teams
Relevant Roles
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