This Floating Software License agreement template is designed for use in the Indian market, where organizations need to implement shared software licensing arrangements. It addresses the complex requirements of modern enterprise software deployment while ensuring compliance with Indian legislation, including the Information Technology Act, 2000, Copyright Act, 1957, and relevant data protection regulations. The document is particularly suitable for situations where multiple users within an organization need to share access to software licenses on a concurrent basis, providing flexibility in license utilization while maintaining control over usage limits. It includes comprehensive provisions for license server management, usage monitoring, and compliance reporting, essential for organizations implementing floating license arrangements in India.
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1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses
2. Background: Context of the agreement, nature of the software, and purpose of the floating license arrangement
3. Definitions: Key terms including 'Floating License', 'Concurrent Users', 'License Server', 'Authorized Users', 'Territory'
4. Grant of License: Scope of license, concurrent user limits, and territory restrictions
5. License Server and Technical Requirements: Requirements for license server setup, management, and technical specifications
6. Usage Restrictions: Limitations on use, prohibited activities, and user authentication requirements
7. Term and Termination: Duration of license, renewal terms, and termination conditions
8. License Fees and Payment: Pricing structure, payment terms, and adjustment mechanisms
9. Maintenance and Support: Support services, updates, and maintenance terms
10. Intellectual Property Rights: Protection of IP rights, ownership declarations, and infringement provisions
11. Warranties and Disclaimers: Software performance warranties, disclaimer of warranties, and limitation of liability
12. Confidentiality: Protection of confidential information and trade secrets
13. General Provisions: Standard clauses including notices, assignment, governing law, and dispute resolution
1. Data Protection and Privacy: Required if the software processes personal data or when compliance with data protection laws is necessary
2. Export Controls: Include when software is subject to export regulations or international use restrictions
3. Disaster Recovery: Optional section for critical software implementations requiring backup and recovery procedures
4. Professional Services: Include when additional implementation, training, or consulting services are provided
5. Service Level Agreement: Required for software with specific performance guarantees or uptime requirements
6. Audit Rights: Include when licensor requires rights to audit license usage and compliance
7. Third-Party Software: Necessary when the software incorporates third-party components or dependencies
1. Schedule 1 - Software Description: Detailed description of software, modules, and features covered by the license
2. Schedule 2 - Technical Specifications: Technical requirements, supported platforms, and system requirements
3. Schedule 3 - License Metrics: Detailed description of concurrent user calculation, monitoring, and reporting
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methods
5. Schedule 5 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance terms
6. Appendix A - Authorized User Guidelines: Rules and procedures for user authentication and access management
7. Appendix B - Security Requirements: Security standards and protocols for license server and software access
Relevant legal definitions
Agreement
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Initial Term
Intellectual Property Rights
License Fees
License Key
License Manager
License Pool
License Server
Licensed Software
Maintenance Services
Maximum Concurrent Users
Network
Normal Business Hours
Operating Environment
Permitted Purpose
Renewal Term
Service Level Agreement
Software Updates
Source Code
Specification
Support Services
System Requirements
Technical Contact
Territory
Third Party Software
Usage Data
User Authentication
Version
Virus
Working Hours
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Initial Term
Intellectual Property Rights
License Fees
License Key
License Manager
License Pool
License Server
Licensed Software
Maintenance Services
Maximum Concurrent Users
Network
Normal Business Hours
Operating Environment
Permitted Purpose
Renewal Term
Service Level Agreement
Software Updates
Source Code
Specification
Support Services
System Requirements
Technical Contact
Territory
Third Party Software
Usage Data
User Authentication
Version
Virus
Working Hours
Clauses
License Grant
Software Access
Technical Requirements
Usage Restrictions
License Monitoring
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Audit Rights
Support and Maintenance
Service Levels
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Notice
Severability
Waiver
Third Party Rights
Export Control
Insurance
Software Security
Disaster Recovery
Software Access
Technical Requirements
Usage Restrictions
License Monitoring
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Audit Rights
Support and Maintenance
Service Levels
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Notice
Severability
Waiver
Third Party Rights
Export Control
Insurance
Software Security
Disaster Recovery
Relevant Industries
Information Technology
Engineering and Design
Financial Services
Healthcare
Education
Manufacturing
Research and Development
Professional Services
Architecture
Media and Entertainment
Telecommunications
Pharmaceutical
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Operations
Information Security
Software Asset Management
Infrastructure
Risk Management
Relevant Roles
Chief Information Officer
IT Director
Software License Manager
Procurement Manager
Legal Counsel
IT Asset Manager
Systems Administrator
Software Compliance Officer
Technology Operations Manager
Contract Manager
Enterprise Architect
Information Security Manager
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