This Master Software Agreement template is designed for use in the Austrian market where software providers seek to establish long-term relationships with their enterprise customers. It serves as an umbrella agreement that governs all software licensing, maintenance, support, and related services, while ensuring compliance with Austrian legal requirements and EU regulations. The document is particularly valuable when parties anticipate multiple software licenses or service engagements over time, as it standardizes terms and streamlines future transactions. It incorporates necessary provisions for GDPR compliance, intellectual property protection under Austrian law, and standard commercial terms while allowing flexibility through schedules and order forms for specific implementations.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Overall framework and purpose of the master agreement
5. License Grant: Terms of software licensing, including scope, restrictions, and usage rights
6. Service Provisions: General terms governing the provision of software and related services
7. Ordering Process: Procedures for ordering software licenses and services under the agreement
8. Fees and Payment: Payment terms, pricing structure, and invoicing procedures
9. Intellectual Property Rights: IP ownership, protection, and related rights and obligations
10. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Standard warranties for software and services
13. Liability and Indemnification: Limitation of liability and indemnification provisions under Austrian law
14. Term and Termination: Duration, renewal, and termination provisions
15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Professional Services: Include when professional services like implementation or training are part of the relationship
2. Service Level Agreement: Include when specific performance levels and metrics need to be guaranteed
3. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
4. Source Code Escrow: Include when source code escrow arrangements are required
5. Data Migration: Include when data migration services are part of the relationship
6. Personnel and Subcontractors: Include when specific requirements for personnel or subcontractors need to be addressed
7. Audit Rights: Include when audit rights are required for compliance or security purposes
8. Export Control: Include when software or services are subject to export control regulations
1. Schedule A - Software Description: Detailed description of licensed software products and modules
2. Schedule B - Service Level Agreement: Detailed performance metrics, support levels, and remedies
3. Schedule C - Pricing and Payment Terms: Detailed pricing structure, rates, and payment schedules
4. Schedule D - Technical Requirements: System requirements and technical specifications
5. Schedule E - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule F - Support and Maintenance Services: Detailed support and maintenance procedures
7. Schedule G - Professional Services: Scope and terms of professional services if applicable
8. Appendix 1 - Authorization Matrix: List of authorized representatives and approval thresholds
9. Appendix 2 - Change Request Form: Standard form for requesting changes to services or specifications
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government and Public Sector
Insurance
Energy and Utilities
Media and Entertainment
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Software Development
Vendor Management
Risk and Compliance
Data Protection
Operations
Finance
Enterprise Architecture
Relevant Roles
Chief Technology Officer
Chief Information Officer
Legal Counsel
IT Director
Procurement Manager
Software Development Manager
Contract Manager
Information Security Officer
Data Protection Officer
IT Project Manager
Commercial Director
Head of Legal
Technology Procurement Specialist
Vendor Management Lead
Software Asset Manager
Enterprise Architect
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