The White Label Software License Agreement is essential for businesses in India seeking to establish software licensing partnerships where one party's software is rebranded and marketed under another party's brand. This document is particularly relevant when software providers want to expand their market reach through partnerships while maintaining their intellectual property rights. The agreement must comply with Indian legislation, including the Information Technology Act, 2000, Copyright Act, 1957, and Indian Contract Act, 1872. It typically includes detailed provisions for software usage rights, branding guidelines, technical specifications, service level commitments, support obligations, and data protection measures. This agreement is commonly used in scenarios where companies want to offer software solutions without investing in development, or when software providers want to expand their distribution channels through white-label partners.
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1. Parties: Identification of the licensor (software provider) and licensee (white label partner)
2. Background: Context of the agreement, including brief description of the software and white labeling arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope and nature of the software license, including white labeling rights
5. Branding Rights and Restrictions: Terms governing the licensee's right to rebrand and market the software
6. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions
7. Intellectual Property Rights: Protection of IP rights, ownership declarations, and related warranties
8. Confidentiality: Protection of confidential information and trade secrets
9. Support and Maintenance: Terms for ongoing technical support and software maintenance
10. Service Levels: Performance standards and metrics for the software
11. Term and Termination: Duration of agreement and conditions for termination
12. Warranties and Disclaimers: Warranties provided and limitations thereof
13. Limitation of Liability: Caps on liability and excluded damages
14. Indemnification: Mutual indemnification obligations
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Data Protection and Privacy: Required if the software processes personal data or when compliance with specific data protection regulations is needed
2. Source Code Escrow: Optional section for cases where source code access might be required under specific conditions
3. Training and Implementation: Include when the agreement covers initial setup and training services
4. Territory Restrictions: Needed when the license is limited to specific geographic regions
5. Reseller Rights: Include when the licensee is permitted to resell the white-labeled software
6. Custom Development: Required when the agreement includes provisions for customization of the software
7. Disaster Recovery: Include for critical software applications requiring specific disaster recovery protocols
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - Service Level Agreement: Detailed performance metrics, response times, and support levels
3. Schedule C - Fee Schedule: Detailed breakdown of all applicable fees and payment terms
4. Schedule D - Branding Guidelines: Specifications for white labeling and rebranding requirements
5. Schedule E - Technical Requirements: Hardware and software requirements for operating the software
6. Schedule F - Support Services: Detailed description of support and maintenance services
7. Appendix 1 - Approved Territories: List of territories where the software can be marketed and sold
8. Appendix 2 - Authorized Users: Categories and numbers of permitted users
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