The Software License And Service Agreement is a crucial document used when a software provider wishes to license their software products and provide associated services to customers in India. This agreement is essential for businesses engaging in software transactions, as it combines both licensing and service elements while ensuring compliance with Indian legal requirements, particularly the Information Technology Act, 2000, and related data protection regulations. The document addresses key aspects such as license scope, service levels, support commitments, data protection, and intellectual property rights, making it suitable for both standard software deployments and customized solutions. It's particularly relevant in the current digital transformation landscape where businesses increasingly rely on software solutions for their operations while needing to maintain legal compliance.
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1. Parties: Identification of the licensor and licensee with full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software and services, and purpose of the arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of software license, usage rights, restrictions, and terms of use
5. Services: Description of services to be provided, including implementation, maintenance, and support
6. Service Levels: Performance standards, availability commitments, and response times
7. Fees and Payment: License fees, service charges, payment terms, and billing procedures
8. Term and Termination: Duration of agreement, renewal terms, and termination rights
9. Data Protection and Security: Data handling obligations, security measures, and compliance requirements
10. Intellectual Property Rights: ownership of IP, protection of rights, and restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Software and service warranties, limitations, and disclaimers
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Indemnification: Mutual indemnification obligations for various risks
15. General Provisions: Standard legal terms including governing law, notices, and assignment
1. Third-Party Software: Include when the software incorporates third-party components, detailing specific terms and restrictions
2. Professional Services: Include when additional professional services like customization or training are part of the arrangement
3. Disaster Recovery: Include for critical software systems requiring specific disaster recovery commitments
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Export Control: Include when software may be subject to export control regulations
6. Insurance: Include when specific insurance coverage requirements are needed
7. Change Control: Include when formal processes for changes to software or services are required
8. Audit Rights: Include when compliance or usage auditing rights are necessary
1. Schedule 1 - Software Description: Detailed description of the licensed software, including modules and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies for non-performance
3. Schedule 3 - Support Services: Description of support services, including severity levels and response times
4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
5. Schedule 5 - Technical Requirements: Hardware, software, and network requirements for the software
6. Appendix A - Authorized Users: Definition and limitations of authorized users and access rights
7. Appendix B - Data Processing Terms: Detailed terms for processing personal data in compliance with laws
8. Appendix C - Security Requirements: Specific security standards and requirements to be maintained
Relevant legal definitions
Acceptance Criteria
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Customization
Data Protection Laws
Defect
Deliverables
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Go-Live Date
Implementation Services
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Maintenance Window
Material Breach
Modifications
Operating Environment
Personal Data
Professional Services
Response Time
Scheduled Maintenance
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Services
Software
Software Updates
Software Upgrades
Source Code
Specifications
Standard Support Hours
Statement of Work
Support Services
System Requirements
Term
Third-Party Software
User Account
Virus
Work Product
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Customization
Data Protection Laws
Defect
Deliverables
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Go-Live Date
Implementation Services
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Maintenance Window
Material Breach
Modifications
Operating Environment
Personal Data
Professional Services
Response Time
Scheduled Maintenance
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Services
Software
Software Updates
Software Upgrades
Source Code
Specifications
Standard Support Hours
Statement of Work
Support Services
System Requirements
Term
Third-Party Software
User Account
Virus
Work Product
Clauses
License Grant
Scope of Services
Service Levels
Acceptance Testing
Implementation
Support and Maintenance
Fees and Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Exit Management
Assignment
Audit Rights
Compliance
Dispute Resolution
Governing Law
Notice
Entire Agreement
Amendment
Severability
Third Party Rights
Competition
Insurance
Personnel
Subcontracting
Change Control
Business Continuity
Disaster Recovery
Export Control
Scope of Services
Service Levels
Acceptance Testing
Implementation
Support and Maintenance
Fees and Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Exit Management
Assignment
Audit Rights
Compliance
Dispute Resolution
Governing Law
Notice
Entire Agreement
Amendment
Severability
Third Party Rights
Competition
Insurance
Personnel
Subcontracting
Change Control
Business Continuity
Disaster Recovery
Export Control
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Professional Services
Telecommunications
Government/Public Sector
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Vendor Management
Information Security
Risk and Compliance
Operations
Finance
Technical Support
Software Development
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Vendor Management Officer
Contract Administrator
Information Security Officer
Commercial Director
Technology Compliance Manager
Software Asset Manager
IT Operations Manager
Legal Operations Manager
Risk Management Officer
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