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Commercial Software License Agreement

Commercial Software License Agreement Template for India

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Key Requirements PROMPT example:

Commercial Software License Agreement

"I need a Commercial Software License Agreement for my enterprise-level AI analytics software that will be licensed to financial institutions in India, with specific provisions for data security compliance and source code protection, planned for deployment in March 2025."

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Document background
The Commercial Software License Agreement is essential for businesses engaging in software licensing transactions within the Indian jurisdiction. This document is typically used when a software provider (licensor) grants a business entity (licensee) the right to use their proprietary software under specific terms and conditions. It encompasses crucial elements such as licensing scope, fees, usage restrictions, intellectual property rights, and compliance requirements under Indian law, particularly the Information Technology Act, 2000 and related regulations. The agreement is designed to protect the interests of both parties while ensuring clear guidelines for software deployment, maintenance, and support. It's particularly relevant in today's digital economy where software licensing forms a critical component of business operations and technology adoption.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Grant of License: Scope and nature of the license granted, including usage rights and restrictions

5. License Fees and Payment Terms: Details of licensing fees, payment schedule, and payment methods

6. Intellectual Property Rights: Declaration of IP ownership and protection of licensor's rights

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Warranties and Representations: Software performance guarantees and legal compliance warranties

10. Limitation of Liability: Scope of liability limitations and exclusions under Indian law

11. Indemnification: Mutual indemnification obligations for various risks and losses

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed in specific circumstances

2. Data Protection and Privacy: Specific provisions for handling personal data, required if the software processes user data

3. Service Level Agreement: Performance metrics and service levels, included for software requiring ongoing service commitments

4. Training and Support: Terms for technical support and user training, if included in the license

5. Audit Rights: Provisions for auditing licensee's use of the software, important for high-value licenses

6. Geographic Restrictions: Territorial limitations on software use, needed for licenses with geographic constraints

7. Third-Party Software: Terms relating to incorporated third-party software components, if applicable

8. Export Control: Export compliance provisions, necessary for software with international use

Suggested Schedules

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

2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment structures

3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software operation

4. Schedule D - Support Services: Details of support and maintenance services if included

5. Schedule E - Service Level Metrics: Specific performance metrics and service level commitments

6. Appendix 1 - Authorized Users: Definition and list of authorized users or user categories

7. Appendix 2 - Security Requirements: Security protocols and requirements for software usage

8. Appendix 3 - Implementation Timeline: Schedule for software deployment and implementation milestones

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































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Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Retail

Banking

Insurance

Pharmaceutical

Automotive

Government Services

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Software Development

Information Security

Risk Management

Operations

Vendor Management

Business Development

Contract Administration

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Software Licensing Manager

Procurement Manager

Contract Manager

Information Security Officer

Compliance Officer

Software Development Manager

Business Development Manager

Operations Director

Risk Manager

Technical Account Manager

Legal Operations Manager

Chief Information Officer

Industries







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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