This Computer Software License agreement is designed for use in situations where software is being licensed to users or organizations under Austrian law. It provides a legally robust framework for protecting the intellectual property rights of software owners while granting specific usage rights to licensees. The document encompasses essential elements required under Austrian legal requirements, including provisions from the Austrian Civil Code (ABGB), Copyright Act (Urheberrechtsgesetz), and relevant EU regulations. It's particularly suitable for both business-to-business and business-to-consumer software licensing arrangements, with flexibility to accommodate various licensing models such as perpetual, subscription-based, or user-based licensing. The agreement includes comprehensive terms for software usage, maintenance, technical specifications, and data protection compliance.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
6. License Fees and Payment: Payment terms, fee structure, and payment schedules
7. Term and Termination: Duration of the license and circumstances for termination
8. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software
9. Technical Requirements: Minimum system requirements and technical specifications
10. Warranties and Representations: Warranties provided for the software and disclaimer of warranties
11. Limitation of Liability: Limitations on liability and indemnification provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: GDPR compliance and data processing terms
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Multi-User License Terms: Additional terms for multiple user licenses or enterprise-wide deployment
2. Maintenance and Support: Terms for ongoing maintenance and technical support services
3. Custom Development: Terms for any customization or bespoke development of the software
4. Service Level Agreement: Specific performance standards and response times for software functionality
5. Third-Party Software: Terms relating to incorporated third-party software components
6. Export Controls: Compliance with export control regulations for international use
7. Training and Implementation: Terms for user training and implementation services
8. Disaster Recovery: Provisions for backup and recovery procedures
9. Source Code Escrow: Terms for source code escrow arrangements if applicable
1. Schedule 1 - Software Description: Detailed description of the licensed software and its functionality
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Technical Specifications: Detailed technical requirements and specifications
4. Schedule 4 - Support Services: Description of support services and service levels
5. Schedule 5 - Authorized Users: List of authorized users or user categories if applicable
6. Appendix A - Acceptable Use Policy: Detailed rules for acceptable use of the software
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and details
8. Appendix C - Security Requirements: Specific security requirements and protocols
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government
Media and Entertainment
Transportation and Logistics
Energy and Utilities
Research and Development
Construction
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Information Security
Software Development
Contract Administration
Data Protection
Business Development
Project Management
Quality Assurance
Finance
Enterprise Architecture
Relevant Roles
Legal Counsel
IT Director
Chief Technology Officer
Procurement Manager
Software Licensing Manager
Compliance Officer
Contract Administrator
Chief Information Officer
IT Security Manager
Business Development Manager
Project Manager
Risk Manager
Data Protection Officer
Software Asset Manager
Operations Director
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