A Source Code License Agreement becomes necessary when organizations need to license their proprietary source code while maintaining ownership and control. Under Singapore law, this agreement type provides comprehensive protection for intellectual property rights while enabling commercial exploitation of software. It's particularly relevant in cases where the licensee needs to modify, integrate, or maintain the software, requiring access to the underlying code. The agreement addresses key aspects such as scope of use, modification rights, confidentiality, and compliance with Singapore's robust legal framework for software and intellectual property protection.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership status of the source code
3. Definitions: Key terms used throughout the agreement including Licensed Software, Documentation, Intellectual Property Rights
4. License Grant: Scope, nature, and limitations of the license including territory, term, and permitted uses
5. License Restrictions: Specific prohibitions and limitations on use, including restrictions on modification, reverse engineering, and sublicensing
6. Intellectual Property Rights: Ownership and rights retention provisions, including protection of proprietary rights
7. Term and Termination: Duration of the agreement and conditions for termination, including consequences of termination
8. Warranties and Liability: Warranty terms and limitations of liability under Singapore law
9. Confidentiality: Protection of confidential information and trade secrets
10. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes
1. Maintenance and Support: Terms for ongoing support, updates, and maintenance services when offered as part of the license
2. Source Code Escrow: Provisions for source code deposit with third party for business continuity purposes
3. Export Controls: Compliance with export regulations for international licensing scenarios
4. Data Protection: PDPA compliance provisions when software processes personal data
5. Audit Rights: Rights to audit licensee's use of the software and compliance with license terms
1. Schedule 1: Licensed Software: Detailed description of the source code being licensed, including version numbers and components
2. Schedule 2: Technical Specifications: Technical details, documentation, and minimum system requirements
3. Schedule 3: License Fees: Payment terms, fee structure, and payment schedule
4. Schedule 4: Support Services: Detailed description of maintenance and support services if included
5. Schedule 5: Acceptable Use Policy: Detailed terms of acceptable use and technical restrictions
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