The Software License Contract serves as a critical legal instrument for software deployment and usage in Indonesia, establishing the rights and obligations between software providers and users. This document is essential when any organization or individual seeks to use software products legally while ensuring compliance with Indonesian regulations, particularly concerning intellectual property rights, electronic transactions, and data protection. The contract encompasses crucial elements such as license scope, usage limitations, fees, support services, and warranty terms, all structured to align with Indonesian legal requirements including Law No. 28 of 2014 on Copyright and the ITE Law. It's particularly important for protecting the interests of both licensors and licensees while ensuring clear guidelines for software utilization and maintenance.
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1. Parties: Identification of the licensor and licensee with complete legal details
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including type (exclusive/non-exclusive), territory, and duration
5. License Fees and Payment Terms: Financial terms, payment schedule, and payment methods
6. Intellectual Property Rights: Assertion of ownership and IP rights over the software
7. Use Restrictions: Limitations on use, prohibited activities, and user restrictions
8. User Obligations: Licensee's responsibilities regarding software use, security, and access
9. Support and Maintenance: Terms for technical support, updates, and maintenance services
10. Warranties and Disclaimers: Software performance warranties and limitation of warranties
11. Limitation of Liability: Scope of liability limitations and exclusions
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Confidentiality: Protection of confidential information and trade secrets
14. Data Protection: Compliance with Indonesian data protection laws and data handling requirements
15. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms
16. General Provisions: Standard contractual terms including notices, amendments, and assignment
1. Enterprise Usage Terms: Additional terms for enterprise-wide deployment and multiple user access
2. Customization Rights: Terms regarding software modification and customization rights
3. Third-Party Software: Terms relating to incorporated third-party software components
4. Export Control: Compliance with export control regulations for international use
5. Source Code Escrow: Terms for source code escrow arrangements for business-critical applications
6. Professional Services: Terms for additional implementation or consulting services
7. Service Level Agreement: Detailed service level commitments for cloud-based or hosted software
8. Disaster Recovery: Requirements for backup and disaster recovery procedures
9. Insurance Requirements: Specific insurance coverage requirements for high-value licenses
10. Audit Rights: Terms allowing the licensor to audit licensee's usage and compliance
1. Schedule A - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule B - Technical Specifications: Technical requirements, system specifications, and compatibility requirements
3. Schedule C - License Fees: Detailed breakdown of license fees, payment schedules, and pricing tiers
4. Schedule D - Service Level Agreement: Detailed service levels, response times, and performance metrics
5. Schedule E - Support Services: Description of support services, maintenance terms, and escalation procedures
6. Schedule F - Authorized Users: List of authorized users or user categories and access levels
7. Appendix 1 - Acceptable Use Policy: Detailed policies regarding acceptable use of the software
8. Appendix 2 - Data Processing Terms: Specific terms for handling and processing of data in compliance with Indonesian regulations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Telecommunications
Professional Services
Government and Public Sector
E-commerce
Media and Entertainment
Energy and Utilities
Transportation and Logistics
Construction
Real Estate
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Software Development
Operations
Contract Administration
Digital Transformation
Enterprise Architecture
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Information Security Manager
Contract Administrator
Technology Licensing Manager
Enterprise Architect
Operations Director
Risk Manager
Chief Information Officer
Digital Transformation Manager
IT Asset Manager
Software Licensing Specialist
Legal Operations Manager
Chief Legal Officer
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