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Dual Software License for Indonesia

Dual Software License Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes two distinct software licensing models within a single framework. This document outlines different terms, conditions, and usage rights for the same software product under two separate licensing schemes, typically combining commercial and open-source, or standard and enterprise licensing models. The agreement incorporates specific provisions to comply with Indonesian Copyright Law (Law No. 28 of 2014) and Electronic Information and Transactions Law, while addressing intellectual property rights, usage terms, support services, and liability limitations for each license type.

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What is a Dual Software License?

The Dual Software License agreement is designed for software developers and companies operating in Indonesia who need to implement multiple licensing models for their software products. This document is particularly useful when offering software under different terms to different user segments, such as combining commercial and open-source licenses, or providing standard and enterprise licensing options. The agreement complies with Indonesian legal requirements, particularly Law No. 28 of 2014 on Copyright and the ITE Law, while providing flexibility to accommodate various business models. It includes comprehensive provisions for both license types, covering intellectual property rights, usage terms, support services, fees, and compliance requirements. This type of agreement is commonly used when software providers want to maintain control over their intellectual property while offering different levels of access, rights, and support to different user categories.

What sections should be included in a Dual Software License?

1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, description of the software, and purpose of the dual licensing structure

3. Definitions: Key terms used throughout the agreement, including technical terms, license types, and specific terminology

4. Grant of License: Detailed description of both license types being granted, their scope, and conditions

5. License Fees and Payment Terms: Financial terms for each license type, payment schedules, and billing details

6. Intellectual Property Rights: Assertion and protection of the licensor's IP rights, including ownership of modifications

7. Use Restrictions: Specific limitations and restrictions for each license type

8. Support and Maintenance: Terms for technical support, updates, and maintenance under each license type

9. Warranties and Representations: Warranties provided by the licensor and disclaimers

10. Limitation of Liability: Caps on liability and exclusions for both license types

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

12. Confidentiality: Protection of confidential information exchanged during the license period

13. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms

14. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

What sections are optional to include in a Dual Software License?

1. Source Code Escrow: Terms for source code escrow arrangements - include when dealing with enterprise clients or critical applications

2. Export Controls: Export restriction clauses - include when software may be subject to international distribution

3. Data Protection: Data privacy and protection clauses - include when software processes personal data

4. Third-Party Components: Details of third-party software components - include when software incorporates third-party elements

5. Professional Services: Terms for additional professional services - include when offering implementation or customization services

6. Service Level Agreement: Specific performance metrics and service levels - include for enterprise or SaaS versions

What schedules should be included in a Dual Software License?

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

2. Schedule B - License Types and Fees: Comprehensive breakdown of both license types and associated fee structures

3. Schedule C - Support Services: Details of support and maintenance services for each license type

4. Schedule D - Service Level Agreement: Technical performance metrics and service level commitments

5. Appendix 1 - Acceptable Use Policy: Specific rules and guidelines for software usage under each license

6. Appendix 2 - Technical Requirements: Minimum system requirements and technical specifications

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

License Agreement

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Information Technology

Software Development

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Telecommunications

Professional Services

Government and Public Sector

Relevant Teams

Legal

Software Development

Product Management

Commercial Operations

Licensing and Compliance

Business Development

Technical Support

Information Technology

Contract Administration

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Licensing Manager

Intellectual Property Manager

Commercial Director

Product Manager

Contract Administrator

Business Development Manager

Software Engineer

Compliance Officer

IT Director

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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