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Software Subscription Agreement Template for India

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Key Requirements PROMPT example:

Software Subscription Agreement

"I need a Software Subscription Agreement for my enterprise-level cloud security software being sold to Indian financial institutions, with robust data protection clauses and compliance with RBI guidelines, planned for rollout in March 2025."

Document background
The Software Subscription Agreement is designed for use in the Indian market where software-as-a-service (SaaS) and subscription-based software solutions are increasingly prevalent. This agreement is essential when a software provider offers access to their software products on a subscription basis, whether cloud-based or locally hosted. It ensures compliance with Indian regulatory requirements, including the Information Technology Act, 2000, data protection rules, and consumer protection laws. The document covers critical aspects such as subscription terms, service levels, data handling, security measures, and payment terms, while incorporating necessary provisions for intellectual property protection and liability limitations. This agreement is particularly relevant for business-to-business transactions but can be adapted for consumer applications with appropriate modifications to meet consumer protection requirements.
Suggested Sections

1. Parties: Identification of the contracting parties - software provider and subscriber

2. Background: Context of the agreement and brief description of the software service being provided

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

4. Subscription Grant: Terms of the subscription license, scope of use, and access rights

5. Service Access and Availability: Details of how the software is accessed and availability commitments

6. Fees and Payment: Subscription fees, payment terms, and billing procedures

7. Customer Obligations: Responsibilities and obligations of the subscriber, including acceptable use policies

8. Provider Obligations: Core obligations of the software provider, including service delivery and support

9. Data Protection and Security: Data handling, security measures, and privacy compliance requirements

10. Intellectual Property Rights: IP ownership, rights, and restrictions

11. Term and Termination: Duration of agreement, renewal terms, and termination provisions

12. Confidentiality: Protection and handling of confidential information

13. Warranties and Disclaimers: Software warranties, service level commitments, and limitations

14. Limitation of Liability: Liability caps and exclusions

15. Indemnification: Mutual indemnification obligations

16. Force Majeure: Provisions for unforeseen circumstances and force majeure events

17. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for disputes

18. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Service Level Agreement: Detailed service level commitments and remedies - required for enterprise or mission-critical software

2. Professional Services: Terms for additional services like implementation, training, or customization

3. Disaster Recovery: Disaster recovery and business continuity provisions - important for enterprise customers

4. Audit Rights: Rights to audit usage and compliance - relevant for enterprise licenses

5. Insurance: Insurance requirements - typically included in enterprise agreements

6. Export Control: Export control compliance - required if software is subject to export regulations

7. Third-Party Software: Terms relating to incorporated third-party software - needed if third-party components are included

8. Marketing Rights: Rights to use customer name/logo for marketing - optional promotional rights

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of the software service, features, and functionality

2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and remedies

3. Schedule 3 - Support Services: Support service levels, response times, and escalation procedures

4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

5. Schedule 5 - Security Requirements: Detailed security specifications and requirements

6. Schedule 6 - Data Processing Agreement: Detailed data processing terms and compliance requirements

7. Schedule 7 - Acceptable Use Policy: Detailed acceptable use terms and restrictions

8. Appendix A - Technical Requirements: Minimum technical requirements for using the software

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses



































Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Education

Manufacturing

Professional Services

Telecommunications

Retail

Government and Public Sector

Media and Entertainment

Real Estate

Logistics and Supply Chain

Insurance

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Information Security

Operations

Risk Management

Software Development

Product Management

Customer Success

Vendor Management

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Development Manager

Chief Information Officer

Compliance Officer

Contract Manager

Chief Financial Officer

Operations Director

Information Security Manager

Risk Manager

Business Development Manager

Project Manager

Technical Account 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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