The Source Code License Agreement is a critical legal document used when one party (licensor) wishes to grant another party (licensee) the right to use, and potentially modify, software source code while retaining ownership rights. This agreement is particularly important in the Indonesian technology sector, where it must comply with Law No. 28 of 2014 on Copyright and Law No. 11 of 2008 on Electronic Information and Transactions. The document is essential for software companies, developers, and businesses engaging in source code licensing, providing detailed terms for usage rights, technical specifications, confidentiality measures, and compliance requirements. It includes specific provisions required under Indonesian law regarding intellectual property protection, data privacy, and electronic transaction regulations.
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1. Parties: Identification of licensor and licensee with complete legal details
2. Background: Context of the agreement and relationship between parties
3. Definitions: Detailed definitions of technical and legal terms used in the agreement
4. License Grant: Scope of license, usage rights, and restrictions on the source code
5. Intellectual Property Rights: Ownership declarations and IP protection measures
6. License Fees and Payment Terms: Financial terms, payment schedule, and currency specifications
7. Confidentiality: Protection of source code and other confidential information
8. Warranties and Representations: Guarantees regarding ownership, non-infringement, and code quality
9. Limitation of Liability: Limits on parties' liability and exclusions
10. Term and Termination: Duration, renewal terms, and termination conditions
11. Post-Termination Obligations: Requirements after agreement ends, including code return or destruction
12. Governing Law and Dispute Resolution: Application of Indonesian law and dispute settlement procedures
1. Maintenance and Support: Terms for ongoing technical support and code maintenance - include if support services are part of the agreement
2. Security Requirements: Specific security measures for code storage and handling - include for sensitive or regulated industries
3. Sublicensing Rights: Terms for sublicensing permissions - include if sublicensing is allowed
4. Source Code Escrow: Escrow arrangements for code safekeeping - include for business-critical applications
5. Export Control: Compliance with export regulations - include for international licensing
6. Data Protection: Specific data handling requirements - include if personal data processing is involved
7. Audit Rights: Terms for code usage auditing - include for compliance-sensitive situations
8. Modification Rights: Terms for code modification permissions - include if modifications are allowed
1. Schedule A - Licensed Source Code: Detailed description of the source code components being licensed
2. Schedule B - Technical Specifications: Technical requirements and specifications of the source code
3. Schedule C - License Fees: Detailed breakdown of license fees and payment structure
4. Schedule D - Acceptance Testing: Procedures and criteria for acceptance testing of the source code
5. Schedule E - Support Services: Details of maintenance and support services if included
6. Schedule F - Security Standards: Required security standards and protocols
7. Appendix 1 - Authorized Users: List of authorized users and access levels
8. Appendix 2 - Permitted Purposes: Detailed description of permitted uses of the source code
Authors
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Information Technology
Software Development
Financial Services
E-commerce
Healthcare Technology
Manufacturing
Telecommunications
Education Technology
Digital Media
Professional Services
Gaming and Entertainment
Industrial Automation
Relevant Teams
Legal
Information Technology
Software Development
Procurement
Information Security
Compliance
Intellectual Property
Contract Management
Business Development
Risk Management
Relevant Roles
Chief Technology Officer
Software Development Manager
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IP Rights Manager
Software Licensing Manager
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Software Engineer
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IT Director
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