The Software Collaboration Agreement is essential for organizations engaging in joint software development projects in Indonesia. It is particularly relevant when two or more parties wish to combine their technical expertise, resources, or intellectual property to develop software solutions. This document is designed to comply with Indonesian legal requirements, including the Civil Code, Copyright Law, and Electronic Information and Transactions Law. It typically includes detailed provisions for project management, intellectual property rights allocation, confidentiality obligations, and technical specifications. The agreement is crucial for protecting the interests of all parties involved and ensuring clear guidelines for the development process, especially considering Indonesia's evolving digital economy and technology sector regulations.
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1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the collaboration, brief description of each party's business, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Collaboration: Detailed description of the software development project, objectives, and deliverables
5. Project Governance: Management structure, decision-making processes, and reporting requirements
6. Roles and Responsibilities: Specific duties and obligations of each party
7. Intellectual Property Rights: Ownership, licensing, and usage rights of pre-existing and newly developed IP
8. Confidentiality: Protection and handling of confidential information
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Financial Terms: Payment terms, cost sharing, and revenue distribution
11. Warranties and Representations: Promises and guarantees made by each party
12. Liability and Indemnification: Allocation of risks and responsibilities for damages
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard legal clauses including notices, assignment, and entire agreement
1. Data Protection: Required when the collaboration involves processing personal data or when compliance with specific data protection regulations is necessary
2. Source Code Escrow: Include when critical source code needs to be held in escrow for business continuity purposes
3. Non-Competition: Added when parties wish to restrict competitive activities during and after the collaboration
4. Third-Party Integration: Required when the software will integrate with third-party systems or services
5. Export Control: Include when the software or technology may be subject to export control regulations
6. Open Source Compliance: Needed when the project involves the use of open source software
7. Service Level Agreement: Include when specific performance metrics and service levels need to be maintained
8. Change Control: Added for projects requiring formal processes for managing changes to scope or specifications
1. Project Scope and Specifications: Detailed technical specifications, functional requirements, and project scope
2. Development Timeline: Project milestones, deadlines, and delivery schedule
3. Commercial Terms: Detailed breakdown of pricing, payment schedules, and financial arrangements
4. Technical Requirements: Hardware, software, and infrastructure requirements
5. Personnel: Key personnel assigned to the project and their roles
6. Testing and Acceptance Criteria: Procedures and criteria for testing and accepting deliverables
7. Maintenance and Support: Terms and procedures for ongoing maintenance and support services
8. Security Requirements: Security standards, protocols, and compliance requirements
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