The White Label Software Agreement is essential for businesses seeking to license their software for rebranding by third parties. This agreement, governed by English and Welsh law, establishes the framework for software licensing, rebranding rights, technical support, service levels, and revenue arrangements. It's particularly crucial for protecting intellectual property rights while enabling commercial exploitation through white labeling arrangements. The document addresses key aspects including data protection compliance under UK GDPR, service level commitments, and liability allocation.
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1. Parties: Identification of the licensor (software provider) and licensee (white label partner)
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, Intellectual Property Rights, etc.
4. License Grant: Scope of the white label license, permitted uses, and restrictions
5. Intellectual Property Rights: Ownership and protection of IP rights in the software and branded elements
6. Fees and Payment: Payment terms, pricing structure, and billing arrangements
7. Service Levels: Performance standards, maintenance, and support obligations
8. Data Protection: Compliance with data protection laws and data handling requirements
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration, renewal, and termination provisions
1. Implementation Services: Details of setup and integration services when implementation support is required
2. Territory Restrictions: Geographic limitations on use and distribution when licensing is territory-specific
3. Revenue Share: Revenue sharing arrangements and calculations when payment includes revenue sharing model
4. Marketing Requirements: Marketing obligations and restrictions when specific marketing arrangements are needed
5. Regulatory Compliance: Specific regulatory requirements for regulated industries (e.g., financial services)
1. Software Description: Detailed technical specifications of the software
2. Service Level Agreement: Detailed performance metrics and support requirements
3. Fee Schedule: Detailed pricing and payment terms
4. Branding Guidelines: Requirements for white labeling and rebranding
5. Data Processing Agreement: Detailed data protection obligations and procedures
6. Technical Support Process: Support procedures and escalation paths
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