The Non Commercial License Software agreement is designed for use in Indonesia when organizations or individuals wish to distribute software for non-commercial purposes while maintaining control over their intellectual property rights. This document is particularly relevant in academic, research, or non-profit contexts where software is shared without monetary compensation. The agreement ensures compliance with Indonesian legal requirements, including the Copyright Law (Law No. 28 of 2014) and Electronic Information and Transactions Law (Law No. 11 of 2008). It provides clear guidelines on permitted uses, restrictions on commercial exploitation, and protection mechanisms for the software owner's rights. The document is essential for managing legal risks while facilitating software sharing in non-commercial environments within the Indonesian jurisdiction.
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1. Parties: Identification of the licensor and licensee, including their full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', and 'Use'
4. Grant of License: Scope of the license, including permitted uses, users, and any territorial restrictions
5. License Restrictions: Specific prohibitions and limitations on use, including commercial use restrictions
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. User Obligations: Licensee's responsibilities regarding software use, security, and compliance
8. Distribution and Copying: Terms governing redistribution and copying of the software
9. Warranty Disclaimer: Disclaimers regarding software functionality and performance
10. Limitation of Liability: Limitations on licensor's liability under Indonesian law
11. Term and Termination: Duration of the license and conditions for termination
12. Governing Law and Jurisdiction: Confirmation of Indonesian law governance and dispute resolution procedures
1. Data Protection: Required if the software processes personal data under Indonesian data protection regulations
2. Third-Party Software: Needed if the software incorporates third-party components or dependencies
3. Export Controls: Required if the software is subject to international distribution
4. Support and Updates: Optional terms for any technical support or software updates
5. Audit Rights: Optional provision allowing licensor to verify compliance
6. Confidentiality: Required if sensitive information is shared beyond the software itself
7. Assignment: Terms governing transfer of license rights, if permitted
1. Schedule 1 - Software Description: Detailed description of the software, including version number and components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
4. Appendix A - Installation Guide: Instructions for software installation and initial setup
5. Appendix B - Open Source Components: List of open source components and their respective licenses, if applicable
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