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White Label Software License

White Label Software License Template for India

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Key Requirements PROMPT example:

White Label Software License

"I need a White Label Software License Agreement for a fintech payment processing software that we'll be licensing to Indian banks, with planned deployment by March 2025 and including RBI compliance requirements."

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Document background
The White Label Software License Agreement is essential for businesses in India seeking to license software products for rebranding and distribution under their own brand name. This agreement type is commonly used when a software provider wants to allow another company to market and distribute their software solution as if it were their own product. The document incorporates specific requirements under Indian law, including compliance with the Information Technology Act, 2000, data protection regulations, and intellectual property laws. It typically includes detailed provisions for software usage rights, branding guidelines, technical specifications, service levels, and support obligations. This agreement is particularly relevant in scenarios where companies want to expand their product portfolio without investing in software development, or when software providers want to expand their market reach through white label partnerships in the Indian market.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal details

2. Background: Context of the agreement, brief description of the software and white labeling arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of license, white labeling rights, and usage permissions

5. White Labeling Rights and Restrictions: Specific terms regarding rebranding, modification of branding elements, and related restrictions

6. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement procedures

7. Payment Terms: License fees, payment schedule, and financial terms

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Standard warranties regarding software functionality, IP ownership, and compliance

10. Limitation of Liability: Caps on liability and exclusions of certain types of damages

11. Term and Termination: Duration of agreement, renewal terms, and termination rights

12. Post-Termination Obligations: Obligations of parties after agreement ends

13. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for disputes

Optional Sections

1. Maintenance and Support: Terms for ongoing maintenance and technical support services

2. Service Levels: Performance standards and metrics for software availability

3. Source Code Escrow: Terms for source code protection and release conditions

4. Professional Services: Terms for implementation, training, or customization services

5. Data Protection and Privacy: Compliance with Indian data protection laws and privacy requirements

6. Disaster Recovery: Business continuity and disaster recovery procedures

7. End User Terms: Terms that must be included in end user agreements

8. Export Control: Compliance with export control regulations if applicable

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

2. Schedule 2 - License Fees: Detailed pricing structure and payment terms

3. Schedule 3 - Service Level Agreement: Detailed service levels, metrics, and remedies

4. Schedule 4 - Support Services: Description of support services, response times, and escalation procedures

5. Schedule 5 - Branding Guidelines: Specifications for white labeling and rebranding requirements

6. Schedule 6 - Security Requirements: Security standards and compliance requirements

7. Appendix A - Authorized Users: List of authorized users or user categories

8. Appendix B - Approved Subcontractors: List of approved subcontractors if applicable

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
Agreement
Affiliate
Authorized Users
Background IP
Branding Elements
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
End User
End User Agreement
Fees
Force Majeure Event
Intellectual Property Rights
License
License Term
Licensed Software
Licensee Brand
Maintenance Services
Modifications
Original Software
Personal Data
Professional Services
Prohibited Content
Rebranded Software
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Standards
Term
Territory
Third Party Components
User Interface
White Label Rights
Work Product
Clauses
Grant of License
White Label Rights
Intellectual Property
Payment
Service Levels
Technical Requirements
Support and Maintenance
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Non-Solicitation
Subcontracting
Insurance
Export Control
Anti-Corruption
Third Party Rights
Escrow
Branding Requirements
Quality Control
Territory Restrictions
End User Terms
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Education

Telecommunications

Professional Services

Banking

Insurance

Retail

Manufacturing

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Commercial

Product Management

Compliance

Business Development

Software Development

Brand Management

Partner Relations

Technical Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

Commercial Director

Head of Product

Chief Information Officer

Procurement Manager

IT Director

Business Development Manager

Compliance Officer

Contract Manager

Software Development Manager

Brand Manager

Partnership Manager

Technical Account Manager

Industries
Information Technology Act, 2000: Primary legislation governing electronic transactions, software, and IT services in India. Relevant for software licensing, electronic contracts, and digital signatures.
Indian Copyright Act, 1957: Protects software as literary work and governs the licensing of intellectual property rights in the software.
Indian Contract Act, 1872: Governs formation and enforcement of contracts, including essential elements like offer, acceptance, consideration, and capacity to contract.
Consumer Protection Act, 2019: Relevant when the software is licensed to end-users, governing consumer rights and protections against defective products/services.
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Governs data protection requirements and security practices for handling personal data in software applications.
Trade Marks Act, 1999: Relevant for white labeling aspects, governing the use and licensing of trademarks and brand elements.
Competition Act, 2002: Ensures the license agreement doesn't contain anti-competitive clauses or abuse of dominant position.
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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