Shared Software License Template for India

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Key Requirements PROMPT example:

Shared Software License

"I need a Shared Software License agreement for an enterprise resource planning software to be used by my company and three subsidiary companies in India, with implementation starting January 2025, including specific provisions for data security and cost sharing between entities."

Document background
The Shared Software License agreement is essential when multiple entities need to access and utilize the same software solution under a common licensing framework in India. This document type is particularly relevant when organizations seek to optimize software costs through shared licensing arrangements while ensuring legal compliance with Indian regulations. The agreement covers crucial aspects such as license scope, user rights, cost sharing, maintenance obligations, and compliance requirements under Indian law. It specifically addresses the unique aspects of shared software licensing, including user allocation, access rights, and responsibility distribution among licensees. The document ensures compliance with Indian IT laws, including the Information Technology Act, 2000, and related regulations while protecting the intellectual property rights of the software provider and establishing clear operational guidelines for all parties involved.
Suggested Sections

1. Parties: Identification of the licensor and all licensees participating in the shared license arrangement

2. Background: Context of the agreement, including the software's purpose and the basis for shared licensing

3. Definitions: Detailed definitions of technical terms, parties, software components, and other key terms used in the agreement

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

5. License Fee and Payment Terms: Details of licensing costs, payment schedule, and cost-sharing arrangements between licensees

6. Term and Termination: Duration of the license and conditions for termination or renewal

7. User Rights and Restrictions: Specific permissions and limitations on software usage, including user numbers and locations

8. Maintenance and Support: Terms for ongoing software maintenance, updates, and technical support

9. Intellectual Property Rights: Protection of IP rights and ownership of the software and derivative works

10. Warranties and Representations: Guarantees regarding software performance, ownership, and non-infringement

11. Limitation of Liability: Limits on liability and indemnification provisions

12. Confidentiality: Protection of confidential information and trade secrets

13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

14. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Data Protection and Privacy: Required when the software processes personal data or when compliance with specific data protection regulations is needed

2. Source Code Escrow: Optional provision for source code protection through third-party escrow services

3. Geographic Restrictions: Needed when the license has territorial limitations or specific jurisdictional requirements

4. Third-Party Software: Required when the software incorporates third-party components or dependencies

5. Export Control: Necessary when the software is subject to export control regulations

6. Training and Implementation: Include when the agreement covers initial setup and user training services

7. Service Level Agreement: Optional section defining performance metrics and service standards

8. Disaster Recovery: Required for critical software implementations requiring business continuity provisions

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specifications and components of the licensed software

2. Schedule B - License Fee Structure: Breakdown of licensing costs, payment terms, and cost allocation between licensees

3. Schedule C - Service Level Requirements: Technical performance standards, response times, and support levels

4. Schedule D - Authorized Users: List of authorized users or user categories and their access rights

5. Schedule E - Technical Requirements: Minimum system requirements and technical specifications for software operation

6. Appendix 1 - Support and Maintenance Procedures: Detailed procedures for obtaining technical support and maintenance services

7. Appendix 2 - Security Requirements: Security protocols and requirements for software usage and data protection

8. Appendix 3 - Acceptance Testing Criteria: Criteria and procedures for software acceptance testing

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

Banking and Financial Services

Healthcare

Manufacturing

Retail

Education

Professional Services

Telecommunications

Government and Public Sector

Insurance

E-commerce

Logistics and Supply Chain

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Risk Management

Information Security

Operations

Software Asset Management

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

Compliance Officer

Information Security Manager

Contract Manager

Chief Information Officer

IT Operations Manager

Enterprise Architect

Chief Financial Officer

Risk Manager

Technology Procurement Specialist

Software Asset Manager

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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