Dual Software License Template for India

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Key Requirements PROMPT example:

Dual Software License

"I need a Dual Software License agreement under Indian law for my AI-powered analytics software, which will be offered both as a paid enterprise version with full features and support, and a limited free version for academic institutions, to be implemented by March 2025."

Document background
The Dual Software License agreement is essential for software companies operating in India who wish to implement a flexible licensing strategy for their software products. This document enables software providers to offer their products under two distinct licensing models - typically a commercial license for traditional business users and an alternative license (such as open source) for different use cases. The agreement complies with Indian legislation, including the Information Technology Act, 2000, Copyright Act, 1957, and Indian Contract Act, 1872. It addresses critical aspects such as intellectual property rights, usage terms, modification rights, distribution conditions, and support obligations specific to each license type. This type of agreement is particularly valuable when software providers want to maintain control over their intellectual property while simultaneously benefiting from community engagement or market penetration through alternative licensing models.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, description of the software, and purpose of dual licensing

3. Definitions: Detailed definitions of technical terms, license types, and key concepts used in the agreement

4. Grant of License: Overall framework for the dual license structure and general terms applicable to both license types

5. License Type A Terms: Detailed terms, conditions, and restrictions for the first license type (e.g., commercial license)

6. License Type B Terms: Detailed terms, conditions, and restrictions for the second license type (e.g., open source license)

7. License Fees and Payment: Financial terms, payment schedules, and conditions for each license type

8. Intellectual Property Rights: Declaration and protection of IP rights, ownership of modifications, and derivative works

9. Technical Requirements: Minimum system requirements, compatibility specifications, and technical limitations

10. Support and Maintenance: Terms for technical support, updates, and maintenance under each license type

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Representations: Warranties regarding software functionality, IP rights, and compliance with laws

13. Limitation of Liability: Limits on liability and disclaimers specific to software licensing

14. Term and Termination: Duration of agreement, renewal terms, and termination conditions

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Source Code Access: Terms for source code availability and restrictions - include when source code access is offered under either license type

2. Distribution Rights: Terms for redistribution of software - include when software can be redistributed

3. Contributing Guidelines: Rules for code contributions - include when accepting third-party contributions

4. Geographic Restrictions: Territory-specific terms - include when licenses have geographic limitations

5. Data Protection: Data handling and privacy terms - include when software processes personal data

6. Export Control: Export compliance terms - include when software is subject to export regulations

7. Third-Party Software: Terms regarding third-party components - include when software incorporates third-party elements

8. License Switching: Process and terms for switching between license types - include when license switching is permitted

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specifications and functionality description of the software

2. Schedule B - License Fee Schedule: Detailed pricing structure and payment terms for commercial license

3. Schedule C - Support Service Levels: Detailed support and maintenance terms for each license type

4. Schedule D - Acceptable Use Policy: Specific restrictions and acceptable use terms for the software

5. Schedule E - Third-Party Components: List of third-party software components and their respective licenses

6. Appendix 1 - Technical Documentation: User manuals and technical documentation

7. Appendix 2 - Installation Guidelines: Software installation and deployment instructions

8. Appendix 3 - Modification Guidelines: Guidelines for permitted modifications under each license type

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

E-commerce

Financial Services

Healthcare Technology

Education Technology

Manufacturing

Telecommunications

Digital Media

Cloud Services

Enterprise Software

Mobile Applications

Gaming Industry

Artificial Intelligence

Internet of Things

Relevant Teams

Legal

Software Development

Product Management

Intellectual Property

Commercial Operations

Risk and Compliance

Procurement

Business Development

Technology Operations

Contract Administration

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

Intellectual Property Manager

Software Development Manager

Product Manager

Commercial Director

Chief Legal Officer

Business Development Manager

Open Source Compliance Officer

Contract Manager

Software Engineer

Legal Operations Manager

Technology Consultant

IP Rights Administrator

Software Architect

Procurement Manager

Risk Management Officer

Industries
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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