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Software Evaluation for India

Software Evaluation Template for India

A Software Evaluation Agreement governed by Indian law establishes the terms and conditions under which one party (the evaluator) can assess and test software provided by another party (the provider) for a specified period. The agreement incorporates provisions from the Indian Information Technology Act, 2000, and related regulations, addressing crucial aspects such as data protection, intellectual property rights, and confidentiality. It outlines the scope of permitted use, evaluation criteria, testing parameters, and post-evaluation obligations while ensuring compliance with Indian contract law principles.

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What is a Software Evaluation?

The Software Evaluation Agreement is essential when organizations need to assess software solutions before making procurement decisions. This document, governed by Indian law, provides a structured framework for conducting software evaluation while protecting both parties' interests. It includes specific provisions for evaluation scope, duration, and methodology, incorporating requirements from Indian IT laws and regulations. The agreement is particularly crucial in the Indian context where software procurement must comply with specific regulatory requirements, including those related to data localization and privacy. The Software Evaluation agreement typically includes technical specifications, evaluation criteria, security requirements, and post-evaluation obligations, making it a comprehensive document for managing the evaluation process.

What sections should be included in a Software Evaluation?

1. Parties: Identification of the software provider and evaluating party with full legal details

2. Background: Context of the evaluation, including brief description of the software and purpose of evaluation

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

4. Scope of Evaluation: Detailed description of what aspects of the software will be evaluated and evaluation parameters

5. Evaluation Period: Duration of the evaluation period and any extension provisions

6. License Grant: Limited license terms for evaluation purposes

7. Evaluation Process: Step-by-step process of how the evaluation will be conducted

8. Confidentiality: Obligations regarding confidential information shared during evaluation

9. Intellectual Property Rights: Protection of existing IP and ownership of evaluation results

10. Data Protection: Obligations regarding data handling and protection during evaluation

11. Representations and Warranties: Basic warranties about software and evaluation process

12. Limitation of Liability: Limits on liability during evaluation period

13. Term and Termination: Duration of agreement and termination provisions

14. Post-Evaluation Obligations: Requirements after evaluation completion including software removal

15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

What sections are optional to include in a Software Evaluation?

1. Commercial Terms: Include if the evaluation involves any payment or commercial considerations

2. Support Services: Include if provider will offer technical support during evaluation

3. Security Requirements: Include for software handling sensitive data or requiring specific security measures

4. Third Party Code: Include if software contains third-party components requiring separate terms

5. Evaluation Team: Include if specific personnel restrictions or requirements apply

6. Acceptance Testing: Include if formal acceptance testing is part of evaluation

7. Purchase Rights: Include if agreement includes options to purchase post-evaluation

8. Insurance: Include if specific insurance requirements apply to evaluation

What schedules should be included in a Software Evaluation?

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

2. Schedule B - Evaluation Criteria: Specific metrics and criteria for evaluation

3. Schedule C - Testing Environment: Technical requirements and specifications for evaluation environment

4. Schedule D - Timeline: Detailed timeline of evaluation milestones and deliverables

5. Schedule E - Security Protocols: Specific security measures and compliance requirements

6. Appendix 1 - Contact Details: Key contacts for both parties during evaluation

7. Appendix 2 - Report Template: Template for evaluation reporting

8. Appendix 3 - Fee Schedule: Any applicable fees or costs (if relevant)

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Evaluation Form

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Education

Government

Professional Services

E-commerce

Insurance

Automotive

Pharmaceuticals

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Software Development

Quality Assurance

Technical Operations

Project Management

Enterprise Architecture

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Information Security Officer

Solutions Architect

Technical Project Manager

Compliance Officer

Contract Manager

Systems Analyst

Quality Assurance Manager

Technology Consultant

Enterprise Architect

IT Operations 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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