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White Label Software License Agreement Template for United States

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Key Requirements PROMPT example:

White Label Software License Agreement

"I need a White Label Software License Agreement for my fintech SaaS platform, allowing banks to rebrand and resell our payment processing software, with specific provisions for data security compliance and a revenue sharing model starting from March 2025."

Document background
The White Label Software License Agreement is essential when a software provider wishes to allow other businesses to rebrand and market their software solution as their own. This comprehensive agreement, governed by US law, establishes the framework for software licensing, rebranding rights, technical support, customization capabilities, and revenue sharing arrangements. It's particularly crucial for protecting intellectual property while enabling business growth through partner channels, ensuring compliance with federal and state regulations including software licensing laws, data protection requirements, and consumer protection standards.
Suggested Sections

1. Parties: Identification of licensor and licensee, including legal entities and contact details

2. Background: Context of the agreement and brief description of the software and white labeling arrangement

3. Definitions: Key terms used throughout the agreement including Software, White Label Rights, Territory, etc.

4. License Grant: Scope of license, including white labeling rights, territory, and usage restrictions

5. Intellectual Property Rights: Ownership of IP, restrictions, and protections

6. Payment Terms: License fees, payment schedule, and related financial terms

7. Confidentiality: Protection of confidential information and trade secrets

8. Term and Termination: Duration of agreement and termination conditions

9. Warranties and Disclaimers: Standard warranties and limitations

Optional Sections

1. Service Level Agreement: Performance metrics and support levels (include when offering technical support or maintenance services)

2. Data Protection: Data handling and privacy requirements (include when personal data is processed)

3. White Label Guidelines: Specific requirements for rebranding (include when detailed branding requirements exist)

4. Territory Restrictions: Geographic limitations on usage (include when license is territory-specific)

5. Export Control: Export compliance requirements (include when software may be subject to export restrictions)

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees and payment terms

3. Schedule 3 - Service Level Agreement: Detailed support and maintenance terms

4. Schedule 4 - Branding Guidelines: Specific requirements for white labeling

5. Schedule 5 - Approved Territories: List of authorized geographic regions

6. Schedule 6 - Technical Requirements: Minimum system requirements and technical specifications

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

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Industries

Copyright Act: 17 U.S.C. - Protects original works of authorship, including software code and documentation

Patent Act: 35 U.S.C. - Protects novel, non-obvious software-related inventions and processes

Trademark Act (Lanham Act): 15 U.S.C. - Governs branding and white labeling aspects, protecting marks and preventing consumer confusion

Defend Trade Secrets Act: Federal law providing uniform trade secret protection, crucial for proprietary software components

Uniform Commercial Code: State-adopted uniform law governing commercial transactions, including software licensing

California Consumer Privacy Act: State law establishing data privacy requirements for businesses operating in California

Electronic Signatures Act (E-SIGN): Federal law validating electronic signatures and records in commercial transactions

Uniform Electronic Transactions Act: State-level law governing electronic transactions and signatures

Export Administration Regulations: Federal regulations controlling the export of commercial and dual-use software

HIPAA: Healthcare privacy law affecting software handling protected health information

Sherman Antitrust Act: Federal antitrust law preventing monopolistic practices in software licensing

Magnuson-Moss Warranty Act: Federal law governing warranties on consumer products, including software

Federal Trade Commission Act: Federal law prohibiting deceptive trade practices and unfair competition

GDPR Compliance Considerations: EU data protection regulation affecting US companies dealing with EU customers' data

State Contract Laws: Various state-specific contract formation and enforcement requirements

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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