A Software Sublicense Agreement is essential when a company or individual holding software license rights wishes to extend these rights to third parties in India. This document is particularly relevant when software distributors, value-added resellers, or enterprise customers need to redistribute software within their organization or to their clients. The agreement must comply with Indian IT laws, particularly the Information Technology Act, 2000, and related regulations. It typically includes detailed terms covering license scope, technical specifications, usage restrictions, fees, support services, and compliance requirements. The document ensures proper protection of intellectual property rights while facilitating legitimate software distribution through authorized channels.
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1. Parties: Identification of the Sublicensor and Sublicensee, including registered addresses and company details
2. Background: Context of the agreement, including confirmation of Sublicensor's authority to sublicense under the main license
3. Definitions: Key terms used throughout the agreement, including Software, Original License, Territory, etc.
4. Grant of Sublicense: Scope of the sublicense, including usage rights, restrictions, and territory limitations
5. License Fees and Payment Terms: Financial terms, payment schedule, taxes, and late payment consequences
6. Technical Requirements: Minimum system requirements, installation procedures, and technical specifications
7. Term and Termination: Duration of the sublicense, renewal terms, and termination circumstances
8. Intellectual Property Rights: Ownership rights, IP protection measures, and infringement procedures
9. Warranties and Representations: Sublicensor's authority to grant license and software performance warranties
10. Limitation of Liability: Caps on liability and exclusions under Indian law
11. Confidentiality: Protection of confidential information and trade secrets
12. Compliance with Laws: Obligations to comply with Indian IT laws and regulations
13. Dispute Resolution: Jurisdiction, governing law, and dispute resolution procedures
14. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Data Protection and Privacy: Required if the software processes personal data or sensitive information
2. Service Level Agreement: Include if technical support or maintenance services are part of the sublicense
3. Export Control: Necessary if the software is subject to export control regulations
4. Source Code Escrow: Optional protection mechanism for access to source code under specific conditions
5. Training and Implementation: Include if the sublicense includes training or implementation services
6. Audit Rights: Optional section for monitoring compliance with license terms
7. Insurance: Required if specific insurance coverage is needed for high-risk applications
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Specifications: Detailed technical requirements and compatibility specifications
3. Schedule 3 - License Fees: Detailed breakdown of license fees, payment terms, and calculations
4. Schedule 4 - Support Services: Details of any technical support or maintenance services included
5. Schedule 5 - Original License Terms: Relevant terms from the original license agreement that affect the sublicense
6. Appendix A - Acceptable Use Policy: Guidelines and restrictions for software usage
7. Appendix B - Security Requirements: Security protocols and requirements for software implementation
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
End User
End User License Agreement (EULA)
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Master License
Master Licensor
Original License
Personal Data
Renewal Term
Security Requirements
Service Levels
Software
Source Code
Specifications
Sublicensee
Sublicensor
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Data
Working Hours
Affiliate
Acceptance Tests
Business Hours
Customization
Delivery Date
Designated Equipment
Implementation Services
Installation
License Key
Maintenance Window
Modifications
Object Code
Platform
Purpose
Release
Related Documentation
Software Modules
Virus
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
End User
End User License Agreement (EULA)
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Master License
Master Licensor
Original License
Personal Data
Renewal Term
Security Requirements
Service Levels
Software
Source Code
Specifications
Sublicensee
Sublicensor
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Data
Working Hours
Affiliate
Acceptance Tests
Business Hours
Customization
Delivery Date
Designated Equipment
Implementation Services
Installation
License Key
Maintenance Window
Modifications
Object Code
Platform
Purpose
Release
Related Documentation
Software Modules
Virus
Clauses
Grant of License
License Restrictions
Payment Terms
Technical Requirements
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance with Laws
Security Requirements
Support Services
Implementation
Training
Documentation
Updates and Upgrades
Source Code
Export Control
Insurance
Non-Competition
Dispute Resolution
Governing Law
Notices
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Survival
License Restrictions
Payment Terms
Technical Requirements
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance with Laws
Security Requirements
Support Services
Implementation
Training
Documentation
Updates and Upgrades
Source Code
Export Control
Insurance
Non-Competition
Dispute Resolution
Governing Law
Notices
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Survival
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Telecommunications
Professional Services
E-commerce
Business Process Outsourcing
Government and Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Sales
Business Development
Risk Management
Vendor Management
Operations
Relevant Roles
Legal Counsel
IT Director
Software Licensing Manager
Chief Technology Officer
Procurement Manager
Contract Manager
Compliance Officer
Software Asset Manager
Business Development Manager
Sales Director
Risk Manager
Chief Information Officer
Legal Operations Manager
Vendor Management Lead
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