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Software Ownership Agreement

Software Ownership Agreement Template for Indonesia

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Key Requirements PROMPT example:

Software Ownership Agreement

"I need a Software Ownership Agreement for transferring the rights to my e-commerce platform to a large retail company, including all source code and documentation, with the transfer to be completed by March 2025 and including a 3-month transition support period."

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Document background
The Software Ownership Agreement is a crucial legal instrument used when transferring complete ownership rights of software assets in Indonesia. This document is typically employed in scenarios such as company acquisitions, software product sales, or when transitioning proprietary software from developers to clients. The agreement must comply with Indonesian legal requirements, particularly Law No. 28 of 2014 on Copyright and Law No. 11 of 2008 on Electronic Information and Transactions. It covers comprehensive aspects including intellectual property rights transfer, warranties, technical specifications, and post-transfer obligations. The Software Ownership Agreement is essential for protecting both parties' interests and ensuring a clear, legally sound transfer of software ownership rights within the Indonesian jurisdiction.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, including the development/acquisition of the software and the intention to transfer ownership

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', etc.

4. Ownership Transfer: Clear statement of the transfer of ownership rights, including all intellectual property rights in the software

5. Consideration: Details of the payment or other consideration for the transfer of ownership

6. Representations and Warranties: Warranties regarding ownership, non-infringement, and quality of the software

7. Delivery and Acceptance: Terms regarding the delivery of software, source code, and related materials

8. Confidentiality: Obligations regarding the protection of confidential information

9. Intellectual Property Rights: Detailed provisions regarding IP rights, including any retained rights or licenses

10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

11. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Third-Party Components: Section addressing any third-party software components, to be included if the software contains third-party elements

2. Transition Services: Details of any temporary support or transition services, needed if the transferor will provide post-transfer support

3. Employee Non-Solicitation: Restrictions on hiring key employees, relevant if development team relationships need protection

4. Tax Provisions: Specific tax-related provisions, necessary for high-value transfers or international transactions

5. Source Code Escrow: Provisions for source code escrow arrangements, if required for security or continuity

6. Data Protection: Specific provisions regarding personal data protection, required if the software processes personal data

7. Export Control: Compliance with export control laws, necessary for international transfers or restricted technologies

Suggested Schedules

1. Software Description: Detailed technical specification of the software, including all components and functionality

2. Intellectual Property Registry: List of all registered IP rights associated with the software

3. Third-Party Licenses: Details of all third-party licenses and components used in the software

4. Technical Documentation: List and copies of all technical documentation being transferred

5. Payment Schedule: Detailed breakdown of payment terms and schedules if payment is in installments

6. Transition Plan: Detailed plan for knowledge transfer and handover of software ownership

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Software
Documentation
Source Code
Object Code
Intellectual Property Rights
Effective Date
Completion Date
Confidential Information
Derivative Works
Technical Specifications
Development Tools
Third Party Components
Licensed Materials
Background IP
Foreground IP
Acceptance Criteria
Business Day
Delivery
Force Majeure
Implementation
Integration
Maintenance
Modifications
Parties
Patent Rights
Platform
Related Documentation
Software Architecture
Trade Secrets
User Interface
APIs
Database Rights
Escrow Materials
Improvements
License
Moral Rights
Proprietary Rights
Security Requirements
System Requirements
Technical Information
Territory
Updates
User Documentation
Warranty Period
Clauses
Parties
Recitals
Definitions
Ownership Transfer
Purchase Price
Payment Terms
Intellectual Property Rights
Transfer of Rights
Delivery and Acceptance
Representations and Warranties
Confidentiality
Non-Compete
Non-Solicitation
Technical Support
Transition Services
Source Code
Documentation
Third-Party Rights
Indemnification
Liability
Force Majeure
Term and Termination
Assignment
Notices
Governing Law
Dispute Resolution
Amendment
Entire Agreement
Severability
Waiver
Data Protection
Export Control
Tax
Insurance
Compliance with Laws
Audit Rights
Escrow
Further Assurance
Relevant Industries

Information Technology

Software Development

E-commerce

Financial Services

Healthcare Technology

Educational Technology

Manufacturing

Telecommunications

Digital Media

Professional Services

Gaming and Entertainment

Research and Development

Relevant Teams

Legal

Information Technology

Software Development

Intellectual Property

Corporate Development

Operations

Product Development

Compliance

Research and Development

Business Development

Procurement

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Intellectual Property Lawyer

Corporate Counsel

Software Engineer

Product Manager

IT Director

Chief Information Officer

Business Development Manager

Contracts Manager

Technology Transfer Officer

Innovation Director

Chief Legal Officer

Industries
Law No. 28 of 2014 on Copyright: The primary legislation governing copyright protection in Indonesia, including provisions for software protection and ownership rights. This law defines software as a protected work and establishes the framework for copyright ownership and transfer.
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Regulates electronic transactions and digital signatures in Indonesia, which is relevant for software agreements, especially if the contract will be executed electronically or involves digital deliverables.
Indonesian Civil Code (KUHPerdata): Contains general provisions on contract law, including requirements for valid agreements, contractual obligations, and remedies for breach of contract.
Law No. 13 of 2016 on Patents: Relevant if the software contains patentable technical innovations or processes that need to be protected alongside the copyright.
Law No. 30 of 2000 on Trade Secrets: Important for protecting confidential information, source code, and proprietary technology related to the software.
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Provides detailed regulations on electronic systems and transactions, including requirements for digital contracts and electronic signatures.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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