The Non-Exclusive Software License Agreement is essential for organizations operating in Saudi Arabia that need to formalize software licensing arrangements while ensuring compliance with local laws and regulations. This document is particularly relevant in the context of Saudi Arabia's digital transformation initiatives and Vision 2030, which has increased demand for software solutions across various sectors. The agreement template provides a comprehensive framework for software licensing, covering crucial aspects such as usage rights, territorial restrictions, payment terms, and compliance with Saudi Arabian regulations including the Copyright Law and E-Commerce Law. It is designed to protect both the licensor's intellectual property rights and the licensee's usage rights while maintaining flexibility for different types of software deployments, from on-premise solutions to cloud-based services.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the software, and the parties' intention to enter into a non-exclusive licensing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, and Territory
4. Grant of License: Scope of the non-exclusive license, permitted uses, and territory restrictions
5. License Restrictions: Specific prohibitions and limitations on the use of the software
6. Delivery and Installation: Terms regarding software delivery, installation procedures, and acceptance criteria
7. License Fees and Payment: Payment terms, fee structure, and payment schedules
8. Intellectual Property Rights: Confirmation of ownership rights and protection of IP
9. Warranties and Representations: Standard warranties regarding software ownership, performance, and compliance with laws
10. Support and Maintenance: Terms for technical support, updates, and maintenance services
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of the agreement and termination provisions
13. Post-Termination Obligations: Actions required upon termination of the agreement
14. Governing Law and Jurisdiction: Specification of Saudi Arabian law as governing law and jurisdiction for disputes
1. Data Protection and Privacy: Required if the software processes personal data or if compliance with PDPL is necessary
2. Cloud Services: Include when the software is deployed via cloud infrastructure, addressing CCRF compliance
3. Third-Party Software: Required when the licensed software incorporates third-party components
4. Export Controls: Include for software subject to export restrictions or international trade controls
5. Source Code Escrow: Optional provision for source code protection through escrow arrangements
6. Training and Documentation: Include when specific training or extensive documentation is part of the license
7. Audit Rights: Optional section allowing licensor to audit licensee's use of the software
8. Insurance: Include when specific insurance coverage is required for high-risk applications
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure, and any variable components
3. Schedule 3 - Support and Maintenance Services: Detailed service level agreements and support terms
4. Schedule 4 - Acceptable Use Policy: Specific terms and conditions for acceptable use of the software
5. Schedule 5 - Technical Requirements: Minimum system requirements and technical specifications for software operation
6. Appendix A - Data Processing Terms: Detailed terms for data processing if applicable under Saudi PDPL
7. Appendix B - Security Requirements: Security standards and requirements for software implementation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Healthcare
Financial Services
Education
Government
Telecommunications
Manufacturing
Retail
Oil and Gas
Construction
Professional Services
Transportation and Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Commercial
Finance
Business Development
Technical Operations
Software Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Compliance Officer
Contract Manager
Chief Information Officer
Technology Procurement Specialist
IT Operations Manager
Legal Operations Manager
Software Asset Manager
Information Security Manager
Risk Management Officer
Commercial Director
Business Development Manager
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