Second Hand Software License Template for Indonesia

This document template is designed for transactions involving Second Hand Software Licenses in Indonesia, providing a structured framework for the legal transfer of software licenses from existing license holders to new users. It is particularly relevant in scenarios where organizations seek to optimize their software costs by acquiring pre-owned licenses or divest unused software assets. The agreement ensures compliance with Indonesian legislation, including the Copyright Law and Electronic Information and Transactions Law, while addressing key concerns such as transfer validity, intellectual property rights, and manufacturer compliance. The document includes comprehensive provisions for transfer mechanics, warranties, and risk allocation, making it suitable for both simple and complex software license transfers. It is specifically tailored to meet Indonesian legal requirements while incorporating international best practices in software license trading.

1. Parties: Identification of the seller (current license holder) and buyer of the second-hand software licenses

2. Background: Context of the transaction, including details of the original software license and confirmation of the right to transfer

3. Definitions: Key terms used in the agreement, including software description, license terms, and transfer-specific terminology

4. Subject Matter of Transfer: Detailed description of the software licenses being transferred, including version numbers and quantity

5. Transfer Price and Payment Terms: Financial terms including price, payment method, and payment schedule

6. Representations and Warranties: Seller's warranties regarding ownership, right to transfer, and license validity

7. Transfer Process: Step-by-step process for executing the license transfer, including technical requirements

8. Compliance Requirements: Obligations regarding software manufacturer's transfer policies and Indonesian law

9. Liability and Indemnification: Allocation of risks and responsibilities between parties

10. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms

11. General Provisions: Standard boilerplate clauses including notices, amendments, and severability