The Software Distribution Licence is essential when software owners wish to expand their market reach through third-party distributors. This agreement, governed by English and Welsh law, provides a comprehensive framework for managing the relationship between software owners and distributors, covering crucial aspects such as distribution rights, territory restrictions, revenue sharing, and quality control measures. It's particularly relevant in today's digital economy where software distribution often occurs across multiple jurisdictions and through various channels.
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1. Parties: Identification of licensor and distributor with full legal names and registered addresses
2. Background: Context of the agreement, ownership of software, and commercial intent of the parties
3. Definitions: Key terms used throughout the agreement including Software, Territory, Intellectual Property Rights
4. Grant of Licence: Scope and nature of distribution rights, including any restrictions and reservations
5. Territory: Geographical scope of distribution rights and any territorial restrictions
6. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination
7. Payment Terms: Financial arrangements, royalties, payment schedule, and reporting requirements
8. Intellectual Property Rights: Protection and ownership of IP, including trademarks and copyright notices
1. Minimum Performance Requirements: Sales targets, performance metrics, and consequences of failure to meet targets
2. White Labelling: Provisions for rebranding the software, including trademark usage guidelines
3. Source Code Escrow: Arrangements for source code protection and release conditions
4. Data Processing: GDPR compliance provisions and data protection obligations
1. Schedule 1 - Software Description: Technical specifications, functionality, and system requirements
2. Schedule 2 - Service Level Agreement: Performance standards, support requirements, and response times
3. Schedule 3 - Price List: Pricing structure, royalty calculations, and payment terms
4. Schedule 4 - End User Licence Agreement: Standard terms and conditions for end users of the software
5. Schedule 5 - Territory Map: Detailed definition and mapping of the geographical territory covered
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