The Floating Software License agreement is designed for organizations requiring flexible software access across multiple users, where not all users need simultaneous access. This contract type is particularly suitable when the total number of potential users exceeds the number of licenses required for concurrent usage. The agreement, governed by Indonesian law, must comply with Law No. 28 of 2014 on Copyright, the ITE Law, and relevant data protection regulations. It includes comprehensive provisions for license server setup, usage monitoring, technical requirements, and compliance mechanisms. The document is essential for organizations seeking to optimize software licensing costs while maintaining legal compliance and effective license management. It addresses both technical implementation details and legal requirements specific to the Indonesian jurisdiction.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the floating license arrangement
3. Definitions: Definitions of key terms including 'Floating License', 'Concurrent Users', 'License Server', 'Authorized Users', and other technical and legal terms
4. Grant of License: Scope of the floating license, including maximum concurrent users, usage restrictions, and territorial limitations
5. License Server and Management: Requirements for license server setup, management, and monitoring of concurrent usage
6. Technical Requirements: Minimum system requirements, network specifications, and technical prerequisites for the software and license server
7. Implementation and Support: Process for software deployment, license server setup, and ongoing technical support
8. License Fees and Payment: Pricing structure, payment terms, and any usage-based fee calculations
9. Audit and Compliance: Rights to audit license usage, compliance requirements, and reporting obligations
10. Intellectual Property Rights: Protection of IP rights, ownership of software and related materials
11. Warranties and Disclaimers: Software performance warranties, service level commitments, and limitation of warranties
12. Limitation of Liability: Caps on liability, exclusions, and allocation of risks
13. Term and Termination: Duration of the license, renewal terms, and termination rights
14. Confidentiality: Protection of confidential information exchanged during the license relationship
15. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Data Protection: Required if the software processes personal data, outlining compliance with Indonesian data protection laws
2. Export Controls: Needed if the software is subject to export control regulations or international trade restrictions
3. Disaster Recovery: Optional provisions for backup and recovery procedures for the license server
4. Professional Services: Include if additional implementation, training, or consulting services are provided
5. Service Level Agreement: Required if specific performance levels or support response times are guaranteed
6. Third-Party Software: Needed if the software incorporates third-party components or dependencies
7. High Availability Setup: Optional section for redundant license server configuration requirements
1. Schedule 1 - Software Description: Detailed description of the software, including modules, features, and functionality
2. Schedule 2 - Technical Specifications: Detailed technical requirements, network specifications, and deployment architecture
3. Schedule 3 - License Metrics: Detailed description of license counting methods, concurrent user calculation, and usage measurement
4. Schedule 4 - Support Services: Description of support levels, response times, and escalation procedures
5. Schedule 5 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methods
6. Appendix A - License Server Configuration Guide: Technical guide for setting up and configuring the license server
7. Appendix B - Acceptable Use Policy: Rules and restrictions for software usage and license management
Relevant legal definitions
Agreement
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Implementation Services
Initial Term
Intellectual Property Rights
License Fees
License Key
License Manager
License Pool
License Server
Licensed Software
Maintenance Services
Network
Normal Business Hours
Payment Terms
Permitted Purpose
Personal Data
Renewal Term
Server Location
Service Level Agreement
Software Modules
Source Code
Support Services
System Requirements
Technical Contact
Term
Territory
Third-Party Software
Updates
Upgrades
User Authentication
User Interface
Usage Data
Usage Reports
Virus
Working Hours
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Implementation Services
Initial Term
Intellectual Property Rights
License Fees
License Key
License Manager
License Pool
License Server
Licensed Software
Maintenance Services
Network
Normal Business Hours
Payment Terms
Permitted Purpose
Personal Data
Renewal Term
Server Location
Service Level Agreement
Software Modules
Source Code
Support Services
System Requirements
Technical Contact
Term
Territory
Third-Party Software
Updates
Upgrades
User Authentication
User Interface
Usage Data
Usage Reports
Virus
Working Hours
Clauses
Definitions
License Grant
License Restrictions
Technical Requirements
Implementation
License Server Management
User Authentication
Usage Monitoring
Payment Terms
Support Services
Service Levels
Intellectual Property
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Dispute Resolution
Governing Law
Notices
Electronic Communications
Export Control
Anti-Corruption
Entire Agreement
Amendment
Severability
Waiver
Third Party Rights
Counterparts
License Grant
License Restrictions
Technical Requirements
Implementation
License Server Management
User Authentication
Usage Monitoring
Payment Terms
Support Services
Service Levels
Intellectual Property
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Dispute Resolution
Governing Law
Notices
Electronic Communications
Export Control
Anti-Corruption
Entire Agreement
Amendment
Severability
Waiver
Third Party Rights
Counterparts
Relevant Industries
Information Technology
Manufacturing
Financial Services
Education
Healthcare
Professional Services
Engineering
Research & Development
Government
Telecommunications
Media & Entertainment
Construction
Energy & Utilities
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Infrastructure
Security
Operations
Technical Support
Contract Administration
Risk Management
Relevant Roles
Chief Information Officer
IT Director
Software License Manager
Procurement Manager
Legal Counsel
IT Infrastructure Manager
Software Asset Manager
Systems Administrator
Network Administrator
Compliance Officer
Technical Operations Manager
Contract Manager
Chief Technology Officer
IT Security Manager
Finance Director
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