Software Licence Termination Agreement (India)

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Software licences are generally given for a fixed term in which the parties are contractually bound. Under certain circumstances both parties may desire to end the agreement prior to the expiration of the licence term and it is crucial to memorialize this agreement in writing. A written agreement will prove invaluable in the event of disagreements or litigation.

Among others, this Software Licence Termination Agreement contains the following provisions:
  • Parties to the Agreement: This provision contains the identity and names of the parties entering into the agreement;
  • Termination: This provision sets out the date of termination of the licence agreement;
  • Return of Materials: This provision sets forth the date all licence materials, including confidential information, must be surrendered;
  • Surviving Obligations: Any obligations under the software licence which will survive this termination agreement.

Protect Yourself, your Rights and your Property by using our professionally prepared up-to-date forms.

This lawyer-prepared packet includes:
  1. General Information
  2. Instructions and Checklist
  3. Software Licence Termination Agreement for use in India
Law Compliance: This form complies with the laws of the states and territories of India
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Software Licence
Termination Agreement
(India)










This Packet Includes:
1.   General Information
2.   Instructions and Checklist
3. Software Licence Termination Agreement





General Information
Software Licence Termination Agreement

Generally a licence to software is for a fixed term meaning that the Licensor and Licensee are contractually bound for the duration of the licence term.  Under certain circumstances both parties may wish to end the agreement prior to the expiration of the licence term.   In this case, it is important that the parties enter into a written Software Licence Termination Agreement.  

This Software Licence Termination Agreement sets forth the specific date of termination and terms surrounding the surrender of all licensed software.  By entering into a written agreement, the parties can avoid future problems and misunderstanding surrounding the termination of the licence.  Having a well-written Software Licence Termination Agreement will prove invaluable in the event of litigation.





Instructions and Checklist
Software Licence Termination Agreement

  Both parties should read the termination agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.  

   Both the Licensor and the Licensee must sign the Agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  




 







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.



SOFTWARE LICENCE TERMINATION AGREEMENT
   

THIS SOFTWARE LICENCE TERMINATION AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into on this __ day of ___________________, 20__ (hereinafter referred to as the “Termination Date”) by and between:

________________________, a company with an office at ___________________________ (hereinafter referred to as the “Licensor”), and

________________________, a company with an office at ___________________________ (hereinafter referred to as the “Licensee”) (individually referred to as “Party” and collectively as “Parties”)


RECITALS

WHEREAS,  the Licensor and Licensee have executed certain Software Licence Agreement, dated __________________________ (hereinafter referred to as the Licence Agreement”), pursuant to which the Licensor has granted Licensee the exclusive right to use the following Software: ______________________________________________________ (the “Software”);

AND WHEREAS, the Licensor and Licensee have determined that it is in their best interests to mutually terminate the Licence Agreement under the terms and conditions as set forth in this Agreement

NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Licensor and Licensee hereby agree as follows:

1.   TERMINATION

Effective as of the Termination Date, the Licence Agreement shall stand terminated and thereafter it shall have no future force or effect, nor will the Parties be liable for any ongoing obligations except for the surviving obligations in the Licence Agreement.

2.   RETURN OF MATERIALS

Within fourteen (14) days following the Termination Date, the Licensee shall surrender the Licensed Software and all data, files, records and other materials in its possession or control containing any Licensors information or other confidential information of the Licensor and all rights there under.

3.   SURVIVING OBLIGATIONS

The Parties shall only remain obligated under the Licence Agreement for any obligations that were intended to survive the expiration of the term of the Licence Agreement as provided therein.

4.   RELEASE

The Parties, on their own behalf and on behalf of their executors, administrators, representatives, affiliates, successors or assigns, do hereby mutually and reciprocally remise, release and forever discharge each other and their respective administrators, executors, representatives, successors and assigns, from any and all actions, causes of action, suits, debts, accounts, covenants, disputes, agreements, promises, damages, judgments, executions, claims, and demands whatsoever in law or in equity that they ever had, now has, or that they or their administrators, executors, representatives, successors and assigns hereafter can or may have, by reason of any act, omission, matter, cause or thing whatsoever occurring at any time prior to the execution of this Agreement, whether known or unknown, suspected or unsuspected, foreseen or unforeseen. However, the provisions of this Section shall not apply to the rights and duties of the Parties which are contained in this Agreement.

5.   NOTICES

All written notices or other written communications required under this Agreement shall be deemed properly given when provided to the parties entitled thereto by personal delivery (including delivery by services such as messengers and airfreight forwarders), by electronic means (such as by electronic mail, telex or facsimile transmission) or by mail sent registered or certified mail, postage prepaid at the following addresses (or to such other address of a party designated in writing by such party to the others):

LICENSOR

_________________________
_________________________
_________________________

LICENSEE

_________________________
_________________________
_________________________

All notices given by electronic means shall be confirmed by delivering to the party entitled thereto a copy of said notice by certified or registered mail, postage prepaid, return receipt requested. All written notices shall be deemed delivered and properly received five (5) days after mailing the notice, in the case of written notice given by mail, or upon the earlier of two (2) days after the mailing of the confirmation notice or upon actual receipt of the notice provided by personal delivery or electronic means

6.   SUCCESSORS & ASSIGNS

This Agreement is binding upon each Party, and shall inure to the benefit of each Party to this Agreement and their respective officers, directors, employees, agents, subsidiaries, parent corporations, affiliated companies, successors, assigns, agents, heirs, and personal representatives.


7.   ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties hereto as to the termination of the Licence Agreement and it merges all prior discussions between them relating thereto.  Any amendment or modification to this Agreement shall be effective only if in writing and signed by each party hereto.

8.   SEVERABILITY

In the event that any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect without said provision. In such event, the Parties shall in good faith attempt to negotiate a substitute clause for any provision declared invalid or unenforceable, which substitute clause shall most nearly approximate the intent of the Parties in agreeing to such invalid provision, without itself being invalid.

9.   COUNTERPARTS

This Agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but all of which shall together constitute one and the same instrument.

10.   GOVERNING LAW

This Agreement will be governed by and interpreted and construed in accordance with the laws of India, without regard to conflict of laws principles thereof.

IN WITNESS WHEREOF, the parties have executed this Licence Termination Agreement as of the dates set forth below their respective signatures.



_________________________            ___________________________
   LICENSOR                         LICENSEE

Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#35001
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Software Licence
Termination Agreement
(India)










This Packet Includes:
1.   General Information
2.   Instructions and Checklist
3. Software Licence Termination Agreement





General Information
Software Licence Termination Agreement

Generally a licence to software is for a fixed term meaning that the Licensor and Licensee are contractually bound for the duration of the licence term.  Under certain circumstances both parties may wish to end the agreement prior to the expiration of the licence term.   In this case, it is important that the parties enter into a written Software Licence Termination Agreement.  

This Software Licence Termination Agreement sets forth the specific date of termination and terms surrounding the surrender of all licensed software.  By entering into a written agreement, the parties can avoid future problems and misunderstanding surrounding the termination of the licence.  Having a well-written Software Licence Termination Agreement will prove invaluable in the event of litigation.





Instructions and Checklist
Software Licence Termination Agreement

  Both parties should read the termination agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.  

   Both the Licensor and the Licensee must sign the Agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  




 







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.



SOFTWARE LICENCE TERMINATION AGREEMENT
   

THIS SOFTWARE LICENCE TERMINATION AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into on this __ day of ___________________, 20__ (hereinafter referred to as the “Termination Date”) by and between:

________________________, a company with an office at ___________________________ (hereinafter referred to as the “Licensor”), and

________________________, a company with an office at ___________________________ (hereinafter referred to as the “Licensee”) (individually referred to as “Party” and collectively as “Parties”)


RECITALS

WHEREAS,  the Licensor and Licensee have executed certain Software Licence Agreement, dated __________________________ (hereinafter referred to as the Licence Agreement”), pursuant to which the Licensor has granted Licensee the exclusive right to use the following Software: ______________________________________________________ (the “Software”);

AND WHEREAS, the Licensor and Licensee have determined that it is in their best interests to mutually terminate the Licence Agreement under the terms and conditions as set forth in this Agreement

NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Licensor and Licensee hereby agree as follows:

1.   TERMINATION

Effective as of the Termination Date, the Licence Agreement shall stand terminated and thereafter it shall have no future force or effect, nor will the Parties be liable for any ongoing obligations except for the surviving obligations in the Licence Agreement.

2.   RETURN OF MATERIALS

Within fourteen (14) days following the Termination Date, the Licensee shall surrender the Licensed Software and all data, files, records and other materials in its possession or control containing any Licensors information or other confidential information of the Licensor and all rights there under.

3.   SURVIVING OBLIGATIONS

The Parties shall only remain obligated under the Licence Agreement for any obligations that were intended to survive the expiration of the term of the Licence Agreement as provided therein.

4.   RELEASE

The Parties, on their own behalf and on behalf of their executors, administrators, representatives, affiliates, successors or assigns, do hereby mutually and reciprocally remise, release and forever discharge each other and their respective administrators, executors, representatives, successors and assigns, from any and all actions, causes of action, suits, debts, accounts, covenants, disputes, agreements, promises, damages, judgments, executions, claims, and demands whatsoever in law or in equity that they ever had, now has, or that they or their administrators, executors, representatives, successors and assigns hereafter can or may have, by reason of any act, omission, matter, cause or thing whatsoever occurring at any time prior to the execution of this Agreement, whether known or unknown, suspected or unsuspected, foreseen or unforeseen. However, the provisions of this Section shall not apply to the rights and duties of the Parties which are contained in this Agreement.

5.   NOTICES

All written notices or other written communications required under this Agreement shall be deemed properly given when provided to the parties entitled thereto by personal delivery (including delivery by services such as messengers and airfreight forwarders), by electronic means (such as by electronic mail, telex or facsimile transmission) or by mail sent registered or certified mail, postage prepaid at the following addresses (or to such other address of a party designated in writing by such party to the others):

LICENSOR

_________________________
_________________________
_________________________

LICENSEE

_________________________
_________________________
_________________________

All notices given by electronic means shall be confirmed by delivering to the party entitled thereto a copy of said notice by certified or registered mail, postage prepaid, return receipt requested. All written notices shall be deemed delivered and properly received five (5) days after mailing the notice, in the case of written notice given by mail, or upon the earlier of two (2) days after the mailing of the confirmation notice or upon actual receipt of the notice provided by personal delivery or electronic means

6.   SUCCESSORS & ASSIGNS

This Agreement is binding upon each Party, and shall inure to the benefit of each Party to this Agreement and their respective officers, directors, employees, agents, subsidiaries, parent corporations, affiliated companies, successors, assigns, agents, heirs, and personal representatives.


7.   ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties hereto as to the termination of the Licence Agreement and it merges all prior discussions between them relating thereto.  Any amendment or modification to this Agreement shall be effective only if in writing and signed by each party hereto.

8.   SEVERABILITY

In the event that any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect without said provision. In such event, the Parties shall in good faith attempt to negotiate a substitute clause for any provision declared invalid or unenforceable, which substitute clause shall most nearly approximate the intent of the Parties in agreeing to such invalid provision, without itself being invalid.

9.   COUNTERPARTS

This Agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but all of which shall together constitute one and the same instrument.

10.   GOVERNING LAW

This Agreement will be governed by and interpreted and construed in accordance with the laws of India, without regard to conflict of laws principles thereof.

IN WITNESS WHEREOF, the parties have executed this Licence Termination Agreement as of the dates set forth below their respective signatures.



_________________________            ___________________________
   LICENSOR                         LICENSEE

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