The Non-Exclusive Software License Agreement is essential for organizations seeking to license software products while retaining the right to license the same software to other parties. This document is specifically structured to comply with Indian legal requirements and is commonly used when a software provider wishes to grant usage rights to multiple licensees. The agreement covers crucial elements including license scope, term, payment provisions, intellectual property protection, and compliance with Indian IT laws. It's particularly relevant in scenarios where software is being licensed for business use, whether for standard off-the-shelf software or customized solutions, and includes necessary provisions for data protection, security requirements, and technical specifications as required under Indian law.
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1. Parties: Identification of the licensor and licensee with their complete legal details
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope of the non-exclusive license, permitted uses, and territory
5. License Fees and Payment Terms: Payment structure, timing, and method of payment
6. Term and Termination: Duration of the license and circumstances for termination
7. Intellectual Property Rights: Assertion and protection of licensor's IP rights
8. Licensee Obligations: Key responsibilities and restrictions on the licensee
9. Warranties and Representations: Warranties provided by both parties
10. Limitation of Liability: Limits on liability and exclusions
11. Confidentiality: Protection of confidential information
12. Governing Law and Jurisdiction: Confirmation of Indian law governance and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
2. Professional Services: Include when additional implementation or support services are part of the arrangement
3. Service Level Agreement: Include when specific performance levels and support requirements need to be documented
4. Data Protection and Privacy: Include when personal data processing is involved
5. Export Controls: Include for international licensing arrangements
6. Audit Rights: Include when licensor requires right to audit licensee's usage
7. Insurance Requirements: Include when specific insurance coverage is required from either party
8. Training and Documentation: Include when specific training and documentation obligations exist
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing models
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support and Maintenance Terms: Details of support services, maintenance, and updates if included
5. Schedule 5 - Authorized Users: Definition and limitations of authorized users if applicable
6. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the software
7. Appendix B - Security Requirements: Security protocols and requirements for software usage
Relevant legal definitions
Acceptance
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
Enhancements
Error
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Material Breach
Modification
New Release
Normal Business Hours
Open Source Software
Personal Data
Professional Services
Renewal Term
Service Level Agreement
Software Specifications
Source Code
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Updates
Upgrades
User Documentation
Virus
Warranty Period
Work Product
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
Enhancements
Error
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Material Breach
Modification
New Release
Normal Business Hours
Open Source Software
Personal Data
Professional Services
Renewal Term
Service Level Agreement
Software Specifications
Source Code
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Updates
Upgrades
User Documentation
Virus
Warranty Period
Work Product
Clauses
License Grant
Payment
Intellectual Property
Confidentiality
Warranties
Liability Limitation
Indemnification
Term and Termination
Software Maintenance
Technical Support
Data Protection
Audit Rights
Force Majeure
Assignment
Non-Competition
Dispute Resolution
Governing Law
Notice
Severability
Integration
Amendment
Waiver
Compliance with Laws
Export Control
Insurance
Relationship of Parties
Third Party Rights
Counterparts
Survivability
Payment
Intellectual Property
Confidentiality
Warranties
Liability Limitation
Indemnification
Term and Termination
Software Maintenance
Technical Support
Data Protection
Audit Rights
Force Majeure
Assignment
Non-Competition
Dispute Resolution
Governing Law
Notice
Severability
Integration
Amendment
Waiver
Compliance with Laws
Export Control
Insurance
Relationship of Parties
Third Party Rights
Counterparts
Survivability
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
E-commerce
Manufacturing
Education
Telecommunications
Professional Services
Retail
Banking
Insurance
Government and Public Sector
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Finance
Information Security
Operations
Vendor Management
Software Asset Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Compliance Officer
Contract Manager
Information Security Officer
Technology Risk Manager
Business Development Manager
Software Asset Manager
IT Operations Manager
Legal Operations Manager
Chief Information Officer
Vendor Relationship Manager
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