The License And Service Agreement is essential for businesses providing software solutions along with related services in Austria. This document is particularly relevant when a provider wants to establish a long-term relationship with customers involving both software licensing and ongoing services such as maintenance, support, or implementation. The agreement must comply with Austrian legal requirements and EU regulations, including the GDPR, Austrian Civil Code (ABGB), and E-Commerce Act (ECG). It's commonly used in B2B transactions where software providers offer comprehensive solutions that include both licensed products and associated services. The document covers critical aspects such as license scope, service levels, data protection, intellectual property rights, and liability provisions, all structured to meet Austrian legal standards and business practices.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the license being granted
5. Service Scope: Description of services to be provided under the agreement
6. Fees and Payment Terms: Financial terms, payment schedules, and invoicing procedures
7. Intellectual Property Rights: Ownership and protection of IP rights related to the licensed material and services
8. Data Protection and Privacy: GDPR compliance and data handling obligations
9. Confidentiality: Protection and handling of confidential information
10. Service Levels: Performance standards and metrics for the services
11. Support and Maintenance: Terms for ongoing support and maintenance services
12. Warranties and Representations: Guarantees provided by each party
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. Term and Termination: Duration of agreement and termination provisions
15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Professional Services: Include when additional professional services such as implementation or consulting are part of the arrangement
2. Security Requirements: Include when specific security standards or certifications are required
3. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical
4. Training and Documentation: Include when training and documentation provisions are necessary
5. Change Management: Include when formal procedures for changes to services or software are required
6. Audit Rights: Include when audit rights are necessary for compliance or security purposes
7. Source Code Escrow: Include when source code escrow arrangements are required
8. Export Control: Include when the software or services are subject to export control regulations
9. Insurance Requirements: Include when specific insurance coverage needs to be maintained
1. Service Description: Detailed description of the services to be provided
2. Service Level Agreement: Detailed service levels, metrics, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Technical Requirements: Technical specifications and requirements for the software/services
5. Data Processing Agreement: Detailed terms for GDPR compliance and data processing
6. Support Services: Detailed support procedures, response times, and escalation processes
7. Licensed Software: List and description of licensed software components
8. Acceptable Use Policy: Terms governing the acceptable use of the software/services
9. Security Requirements: Detailed security standards and procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government and Public Sector
Media and Entertainment
E-commerce
Cybersecurity
Consulting Services
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Sales
Operations
Service Delivery
Commercial
Risk Management
Data Protection
Contract Administration
Product Management
Customer Success
Business Development
Technical Support
Relevant Roles
Legal Counsel
Contract Manager
Chief Technology Officer
IT Director
Software Licensing Manager
Procurement Manager
Chief Information Officer
Commercial Director
Operations Manager
Compliance Officer
Data Protection Officer
Sales Director
Account Executive
Service Delivery Manager
Chief Legal Officer
Business Development Manager
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