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On Premise Software License Agreement

On Premise Software License Agreement Template for India

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Key Requirements PROMPT example:

On Premise Software License Agreement

"I need an On Premise Software License Agreement for a healthcare management software system that will be deployed across three hospital locations in Mumbai, with specific emphasis on data protection compliance and integration with existing medical records systems, planned for implementation in March 2025."

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This On Premise Software License Agreement template is designed for use in the Indian jurisdiction when a software provider wishes to license their software product to a customer for installation and use on the customer's own servers or infrastructure. The agreement is essential for software companies operating in India who distribute their software products to business customers, ensuring compliance with the Information Technology Act, 2000, and other relevant Indian legislation. It covers critical aspects such as license grants, usage restrictions, intellectual property rights, warranty terms, and support obligations. The document is particularly important in scenarios where data sovereignty, compliance with local regulations, or specific security requirements necessitate on-premise software deployment rather than cloud-based solutions.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including their registered addresses and company details

2. Background: Context of the agreement and brief description of the software being licensed

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Grant of License: Scope and nature of the software license, including usage rights and restrictions

5. License Fees and Payment Terms: Details of licensing costs, payment schedule, and payment methods

6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria

7. Intellectual Property Rights: Protection of IP rights, ownership of software and derivative works

8. Confidentiality: Obligations regarding confidential information protection

9. Warranties and Representations: Warranties provided by both parties, including software performance and authority to contract

10. Support and Maintenance: Terms for technical support, updates, and maintenance services

11. Limitation of Liability: Limitations on parties' liability and exclusions

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

13. Post-Termination Obligations: Obligations of parties after agreement termination

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Governing Law and Jurisdiction: Specification of Indian law governance and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed in specific circumstances

2. Data Protection: Specific provisions for handling personal data, required if the software processes personal information

3. Export Controls: Compliance with export control laws, needed if software may be accessed across borders

4. Third-Party Software: Terms relating to incorporated third-party software components, required if the software includes third-party elements

5. Hardware Requirements: Specific hardware requirements for software operation, needed for software with specific hardware dependencies

6. Training Services: Terms for user training services, included if training is part of the agreement

7. Professional Services: Additional implementation or customization services, needed if professional services are included

8. Disaster Recovery: Disaster recovery and business continuity provisions, important for business-critical software

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including modules and functionality

2. Schedule 2 - Technical Specifications: Technical requirements, system specifications, and performance parameters

3. Schedule 3 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing terms

4. Schedule 4 - Service Level Agreement: Performance metrics, response times, and service levels for support

5. Schedule 5 - Support and Maintenance Services: Detailed description of support and maintenance services provided

6. Schedule 6 - Installation Requirements: Technical requirements and procedures for software installation

7. Appendix A - Acceptable Use Policy: Guidelines and restrictions for software usage

8. Appendix B - Security Requirements: Security standards and requirements for software operation

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
Acceptance
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customization
Documentation
Effective Date
Error
Fees
Force Majeure Event
Hardware Requirements
Initial Term
Installation
Intellectual Property Rights
License
License Key
Licensed Software
Maintenance Services
Modifications
Normal Business Hours
Operating Environment
Permitted Purpose
Personal Data
Professional Services
Renewal Term
Security Requirements
Services
Software
Software Updates
Source Code
Specifications
Support Services
System
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrade
User Manual
Virus
Warranty Period
Work Product
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Manufacturing

Retail

Education

Telecommunications

Professional Services

Government and Public Sector

Insurance

Automotive

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Vendor Management

Information Security

Compliance

Finance

Software Development

Infrastructure

Commercial Operations

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

Chief Information Officer

Contract Manager

Vendor Management Lead

Information Security Officer

IT Infrastructure Manager

Chief Legal Officer

Technology Procurement Specialist

Software Asset Manager

IT Compliance Officer

Commercial Director

Industries
Information Technology Act, 2000: Primary legislation governing electronic transactions and software in India, including rules for electronic records, digital signatures, and cyber regulations
Copyright Act, 1957: Protects software as literary work and governs the licensing of intellectual property rights in software
Indian Contract Act, 1872: Governs the fundamental principles of contract formation, validity, and enforcement in India
Consumer Protection Act, 2019: Protects consumer interests and rights, including those related to software products and services
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Governs the handling of personal data and implementation of security practices in software systems
Patents Act, 1970: Relevant for any patented technology or processes that might be included in the software
Competition Act, 2002: Ensures fair competition and prevents anti-competitive practices in licensing terms
Trademark Act, 1999: Protects software branding, logos, and related intellectual property
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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