This Software License Agreement template is designed for use in software licensing transactions governed by Austrian law. It serves as a comprehensive legal framework for software providers and users, covering essential aspects such as license grants, usage restrictions, intellectual property rights, and compliance requirements. The agreement is structured to comply with Austrian legal requirements, including the Austrian Copyright Act (Urheberrechtsgesetz) and Civil Code (ABGB), while also addressing EU regulations such as GDPR. It is particularly suitable for both business-to-business and business-to-consumer software licensing arrangements, providing necessary protections for both licensors and licensees while ensuring regulatory 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: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Fees and Payment Terms: Details of licensing costs, payment schedule, and payment methods
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Warranties and Representations: Warranties provided for the software and disclaimer of warranties
9. Limitation of Liability: Limits on liability and exclusions in accordance with Austrian law
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Data Protection: GDPR compliance and data processing obligations
12. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Maintenance and Support: Terms for ongoing maintenance and technical support, used when these services are included
2. Service Levels: Performance metrics and service levels, particularly relevant for SaaS solutions
3. User Acceptance Testing: Procedures for testing and accepting the software, relevant for custom software or significant implementations
4. Security Requirements: Specific security obligations and standards, particularly important for sensitive data processing
5. Third-Party Software: Terms relating to incorporated third-party software components
6. Export Controls: Compliance with export regulations, necessary for international distribution
7. Source Code Escrow: Terms for source code escrow arrangements, important for business-critical software
8. Professional Services: Terms for additional implementation or consulting services
9. Audit Rights: Rights to audit usage and compliance, important for volume-based licensing
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Service Level Agreement: Detailed service levels and performance metrics
4. Schedule 4 - Support and Maintenance Services: Detailed description of support and maintenance services
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Security Requirements: Detailed security specifications and requirements
7. Appendix A - Authorized Users: List of authorized users or user categories
8. Appendix B - Acceptable Use Policy: Detailed rules for acceptable use of the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government and Public Sector
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Sales
Operations
Risk Management
Information Security
Vendor Management
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
Chief Technology Officer
IT Director
Procurement Manager
Software Development Manager
Compliance Officer
Chief Information Officer
Legal Operations Manager
Software Sales Manager
IP Rights Manager
Data Protection Officer
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