This Commercial Software License agreement template is designed for use under Austrian jurisdiction when a software provider wishes to license their software products to business customers. It incorporates requirements from Austrian civil law, copyright law, and relevant EU regulations, particularly addressing commercial software licensing in a B2B context. The document covers critical aspects such as license grants, usage restrictions, intellectual property rights, warranties, and liability limitations. It's structured to comply with Austrian legal requirements while providing flexibility for various software licensing scenarios, from standard software products to customized solutions. The agreement includes provisions for data protection compliance, particularly relevant when the software processes personal data under GDPR requirements.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Restrictions: Specific prohibitions and limitations on the use of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Fees and Payment Terms: License fees, payment schedule, and related financial terms
8. Term and Termination: Duration of the license and conditions for termination
9. Warranties and Representations: Warranties provided for the software and disclaimer of warranties
10. Limitation of Liability: Limitations and exclusions of liability under Austrian law
11. Confidentiality: Protection of confidential information exchanged between parties
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Maintenance and Support: Terms for ongoing software maintenance and technical support, if provided
2. Service Levels: Performance standards and metrics if the software includes hosted components
3. Data Protection: GDPR compliance terms if the software processes personal data
4. Source Code Escrow: Terms for source code escrow arrangements if agreed
5. Professional Services: Terms for additional implementation or customization services
6. Export Control: Compliance with export control regulations if software is subject to export restrictions
7. Audit Rights: Rights to audit licensee's use of the software, if required
8. Third-Party Software: Terms relating to incorporated third-party software components
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees: Detailed breakdown of license fees and payment schedule
3. Technical Requirements: Minimum system requirements and technical specifications
4. Service Level Agreement: Detailed service levels and performance metrics if applicable
5. Support Services: Detailed description of support services and response times
6. Authorized Users: Definition and limitations of authorized users if license is user-based
7. Data Processing Agreement: GDPR-compliant data processing terms if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government and Public Sector
Media and Entertainment
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Finance
Commercial
Information Security
Product Management
Business Development
Relevant Roles
Legal Counsel
Software Licensing Manager
Chief Technology Officer
IT Director
Procurement Manager
Contract Manager
Chief Information Officer
Software Development Manager
Commercial Director
Chief Legal Officer
Data Protection Officer
IT Security Manager
Business Development Manager
Chief Financial Officer
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