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Private Software License

Private Software License Template for India

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Key Requirements PROMPT example:

Private Software License

"I need a Private Software License agreement for licensing our enterprise resource planning software to medium-sized businesses in India, including 24/7 technical support and maintenance services, with the initial term starting from March 1, 2025."

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Document background
This Private Software License agreement is designed for use in the Indian jurisdiction when a software owner wishes to grant usage rights to their software while maintaining ownership and control over intellectual property. The document is particularly relevant in situations where software is being licensed to private businesses or individuals, incorporating necessary protections under the Information Technology Act, 2000, the Copyright Act, 1957, and other relevant Indian legislation. It provides comprehensive coverage of licensing terms, usage restrictions, liability limitations, and technical requirements, while ensuring compliance with Indian data protection and privacy laws. The agreement is structured to protect both licensor and licensee interests while maintaining clarity on rights, obligations, and remedies available under Indian law.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the software product

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

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

5. License Fees: Payment terms, fee structure, and payment schedule

6. Term and Termination: Duration of the license and conditions for termination

7. Intellectual Property Rights: Declaration and protection of IP rights in the software

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Warranties and Representations: Warranties provided by the licensor and limitations

10. Limitation of Liability: Scope and limits of liability for both parties

11. Indemnification: Mutual indemnification obligations and procedures

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. Software Maintenance and Support: Terms for ongoing maintenance and technical support - include if support services are part of the agreement

2. Data Protection and Privacy: Specific provisions for handling personal data - include if software processes personal information

3. Multi-User License Terms: Additional terms for multiple user licenses - include if software will be used by multiple users

4. Third-Party Software Components: Details of third-party software integration - include if software incorporates third-party components

5. Export Controls: Compliance with export regulations - include if software may be used internationally

6. Source Code Escrow: Terms for source code escrow arrangements - include if source code access might be needed

7. Service Level Agreement: Performance metrics and service levels - include if specific performance guarantees are required

8. Audit Rights: Terms for usage auditing - include for high-value licenses or when compliance monitoring is needed

Suggested Schedules

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

2. Schedule B - License Fee Structure: Detailed breakdown of license fees and payment terms

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

4. Schedule D - Support Services: Detailed description of support services and service levels if included

5. Schedule E - Authorized Users: List of authorized users or user categories if applicable

6. Appendix 1 - Installation Guidelines: Step-by-step installation and deployment instructions

7. Appendix 2 - Acceptable Use Policy: Detailed rules and restrictions for software usage

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







































Clauses






























Relevant Industries

Information Technology

Software Development

Technology Services

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Retail

Business Process Outsourcing

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Software Development

Information Security

Vendor Management

Business Development

Operations

Technical Support

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

IT Director

Procurement Manager

Contract Manager

Software Development Manager

Information Security Officer

Risk Management Officer

Compliance Officer

Technical Account Manager

Business Development Manager

IT Project Manager

Software Asset Manager

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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