If you are a software reseller, a software reseller agreement is a critical document to have in your arsenal. The agreement serves as a legal contract between a software publisher and a reseller, outlining the terms and conditions under which the reseller can sell the publisher`s software. While the specifics of a software reseller agreement can vary, there are some key elements that should be included in any agreement to protect both the reseller and the publisher. Here is a software reseller agreement checklist to ensure that you have all the bases covered.
1. Description of the Software: The agreement should clearly state the software that is being licensed. This includes the name of the software, the version number, and any other relevant details.
2. License: The agreement should define the scope of the license being granted to the reseller. This includes how many copies of the software the reseller is authorized to distribute and the geographic scope of the license.
3. Term: The agreement should specify the length of the agreement, including any renewal terms.
4. Payment Terms: The agreement should outline the payment terms for the reseller. This includes the price the reseller will pay for each copy of the software, any discount structures, and the payment schedule.
5. Intellectual Property Rights: The agreement should address the intellectual property rights of the software. This includes whether the reseller has the right to modify the software, the publisher`s ownership of the software, and any trademark or copyright issues.
6. Marketing: The agreement should outline the marketing responsibilities of the reseller. This includes how the reseller can use the publisher`s logos and trademarks, any marketing materials that the publisher will provide, and any marketing restrictions.
7. Support and Maintenance: The agreement should define the support and maintenance responsibilities of the reseller. This includes the reseller`s obligations to provide technical support and any warranty obligations.
8. Termination: The agreement should specify the circumstances under which the agreement can be terminated, including any notice requirements.
9. Confidentiality: The agreement should address confidentiality issues, including any non-disclosure provisions.
10. Governing Law: The agreement should specify the governing law for the agreement, as well as any dispute resolution mechanisms.
In conclusion, having a well-crafted software reseller agreement is critical for both the reseller and the publisher to minimize legal risks and protect their interests. By using this checklist, you can ensure that your software reseller agreement covers all the essential parts that you need to have.