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Site License Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for licensing specific physical or virtual sites, including premises, facilities, or digital environments. The agreement covers access rights, usage permissions, security requirements, and operational parameters while ensuring compliance with Indian legislation, particularly the Information Technology Act, 2000 and related data protection regulations. It includes detailed provisions for site access, authorized users, technical requirements, maintenance obligations, and liability limitations, all structured within the framework of Indian contract law.

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What is a Site License Agreement?

The Site License Agreement is a specialized legal instrument used when one party (licensor) grants another party (licensee) the right to use or access specific physical or virtual premises under defined conditions. This agreement type is particularly important in the Indian context, where it must comply with multiple legislative frameworks including the Indian Contract Act, 1872, Information Technology Act, 2000, and various property and data protection laws. The document is essential for businesses operating in India that need to establish clear terms for site usage, whether for software deployment, data center operations, or physical facility access. It typically includes comprehensive provisions for security protocols, user authentication, usage restrictions, and compliance requirements, while addressing specific Indian legal and regulatory considerations.

What sections should be included in a Site License Agreement?

1. Parties: Identification of licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the site license

3. Definitions: Key terms including Licensed Site, Authorized Users, Permitted Use, License Period, etc

4. Grant of License: Scope of license, permitted activities, and usage restrictions

5. Licensed Site: Detailed description of the licensed premises or virtual space

6. Access and Security: Access mechanisms, security protocols, and authentication requirements

7. Term and Termination: Duration of license, renewal terms, and termination conditions

8. License Fees: Payment terms, fee structure, and payment schedule

9. Licensee Obligations: Responsibilities of licensee including usage rules and security maintenance

10. Licensor Obligations: Services, support, and maintenance commitments by licensor

11. Intellectual Property Rights: IP ownership, restrictions, and protection measures

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions

14. Force Majeure: Circumstances excusing performance of obligations

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

16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

What sections are optional to include in a Site License Agreement?

1. Data Protection: Required if personal data processing is involved, covering compliance with Indian data protection requirements

2. Service Levels: Include when specific performance metrics and service levels are required

3. Disaster Recovery: Necessary for critical systems or data-dependent licenses

4. Insurance: Required for high-value licenses or where significant risk exists

5. Export Control: Include if licensed content/technology is subject to export restrictions

6. Training and Support: Required if licensor provides training or technical support

7. Audit Rights: Include for licenses where usage monitoring is critical

8. Change Control: Necessary for licenses involving technical integration or customization

What schedules should be included in a Site License Agreement?

1. Schedule 1 - Licensed Site Description: Detailed technical and physical description of the licensed site

2. Schedule 2 - Authorized Users: Categories and numbers of permitted users

3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms

4. Schedule 4 - Technical Requirements: Hardware, software, and connectivity requirements

5. Schedule 5 - Service Level Agreement: Detailed service levels and performance metrics if applicable

6. Schedule 6 - Security Requirements: Detailed security protocols and requirements

7. Appendix A - Acceptable Use Policy: Rules and restrictions for site usage

8. Appendix B - Support Services: Description of support services and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

黑料视频

Document Type

Licensing Agreement

Cost

Free to use

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