The White Label Software License Agreement is essential for businesses in South Africa seeking to leverage existing software solutions under their own brand. This document is particularly relevant when a software provider wishes to allow another company to rebrand and market their software solution as their own, while maintaining the original provider's intellectual property rights. The agreement must comply with South African legislation, including the Electronic Communications and Transactions Act, Copyright Act, and Protection of Personal Information Act (POPIA). It covers crucial aspects such as licensing terms, rebranding rights, service levels, support obligations, data protection, and commercial terms. This type of agreement is commonly used in the financial technology sector, enterprise software market, and other industries where companies want to offer software solutions without developing them from scratch.
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1. Parties: Identification of the licensor (software provider) and licensee (white label partner)
2. Background: Context of the agreement, including the nature of the software and white labeling relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms, IP-related terms, and white label specific terminology
4. Grant of License: Scope of the license, including white labeling rights, territory, and usage permissions
5. White Label Rights and Obligations: Specific rights and restrictions regarding rebranding, modification, and distribution of the software
6. Intellectual Property Rights: Ownership of IP, including original and rebranded elements
7. Payment Terms: License fees, payment schedule, and related financial terms
8. Service Levels: Performance standards, availability, and support requirements
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: POPIA compliance and data handling requirements
11. Warranties and Indemnities: Software performance warranties and mutual indemnifications
12. Term and Termination: Duration, renewal, and termination provisions
13. Post-Termination Obligations: Obligations and rights after agreement termination
14. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires additional security
2. Professional Services: Terms for additional services like customization or integration, if offered
3. Revenue Sharing: Framework for revenue sharing arrangements, if applicable to the business model
4. Marketing and Promotion: Terms governing joint marketing efforts or promotion restrictions
5. Multi-tier Distribution: Terms for sub-licensing or distribution through multiple tiers, if allowed
6. Geographic Restrictions: Specific terms for territorial limitations or requirements
7. Change Control: Procedures for managing changes to the software or services
8. Disaster Recovery: Specific disaster recovery and business continuity requirements, if needed
1. Software Description: Detailed description of the licensed software, including features and functionality
2. Service Level Agreement: Detailed service levels, metrics, and remedies
3. Fee Schedule: Detailed breakdown of all fees, payment terms, and calculations
4. Technical Requirements: Minimum technical specifications and requirements
5. Support Services: Detailed support and maintenance services description
6. Branding Guidelines: Requirements and restrictions for white labeling and rebranding
7. Data Processing Terms: Detailed data protection and processing requirements under POPIA
8. Approved Sub-processors: List of approved third-party service providers and sub-processors
Relevant legal definitions
Agreement
Affiliate
Authorized Users
Business Day
Confidential Information
Data Protection Laws
Documentation
Effective Date
End User
End User License Agreement
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Licensee Brand Elements
Licensor Brand Elements
Maintenance Services
Modifications
Original Software
Personal Information
Processing
Rebranded Software
Service Levels
Software Updates
Source Code
Specifications
Support Services
Term
Territory
Third-Party Components
Trade Marks
User Data
White Label Rights
White Labeled Version
Vulnerability
Implementation Services
Integration
API
Acceptance Tests
Designated Equipment
Error
Help Desk
Release
Response Time
Security Breach
Service Credits
Sub-processor
Technical Requirements
Uptime
Warranty Period
Affiliate
Authorized Users
Business Day
Confidential Information
Data Protection Laws
Documentation
Effective Date
End User
End User License Agreement
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Licensee Brand Elements
Licensor Brand Elements
Maintenance Services
Modifications
Original Software
Personal Information
Processing
Rebranded Software
Service Levels
Software Updates
Source Code
Specifications
Support Services
Term
Territory
Third-Party Components
Trade Marks
User Data
White Label Rights
White Labeled Version
Vulnerability
Implementation Services
Integration
API
Acceptance Tests
Designated Equipment
Error
Help Desk
Release
Response Time
Security Breach
Service Credits
Sub-processor
Technical Requirements
Uptime
Warranty Period
Clauses
License Grant
White Label Rights
Intellectual Property
Service Levels
Support and Maintenance
Fees and Payment
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Integration
Modification
Severability
Notices
Non-Competition
Audit Rights
Insurance
Compliance with Laws
Sub-Licensing
Territory Restrictions
Source Code Escrow
Performance Standards
Security Requirements
Change Control
Disaster Recovery
Marketing Rights
Training
Documentation
Quality Control
Reporting
Acceptance Testing
Implementation
Technical Requirements
Branding Requirements
White Label Rights
Intellectual Property
Service Levels
Support and Maintenance
Fees and Payment
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Integration
Modification
Severability
Notices
Non-Competition
Audit Rights
Insurance
Compliance with Laws
Sub-Licensing
Territory Restrictions
Source Code Escrow
Performance Standards
Security Requirements
Change Control
Disaster Recovery
Marketing Rights
Training
Documentation
Quality Control
Reporting
Acceptance Testing
Implementation
Technical Requirements
Branding Requirements
Relevant Industries
Information Technology
Financial Services
Healthcare Technology
Educational Technology
E-commerce
Telecommunications
Professional Services
Banking
Insurance
Digital Marketing
Business Process Outsourcing
Enterprise Software
Relevant Teams
Legal
Information Technology
Product Development
Commercial
Compliance
Operations
Procurement
Business Development
Brand Management
Software Development
Partner Relations
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Commercial Director
Head of Product
Business Development Manager
Chief Information Officer
Compliance Officer
IT Director
Software Development Manager
Brand Manager
Partnership Manager
Procurement Manager
Chief Legal Officer
Head of Operations
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