The Product License Agreement is a crucial legal document used when granting rights to use a product, whether software, intellectual property, or physical goods, under Austrian jurisdiction. This agreement is essential for businesses and individuals who wish to license their products while maintaining ownership rights. It must comply with Austrian legal requirements, including the ABGB (Civil Code), KSchG (Consumer Protection Act), and where applicable, the ECG (E-Commerce Act) and GDPR. The document typically includes detailed terms about usage rights, restrictions, payment terms, warranties, and termination conditions. It's particularly important to note that Austrian law provides specific consumer protection requirements that must be reflected in B2C licensing arrangements. The Product License can be customized for various products and industries while maintaining compliance with Austrian legal frameworks.
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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 product being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Fee and Payment Terms: Financial terms, payment schedule, and payment methods
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Term and Termination: Duration of the license and circumstances for termination
8. Licensee Obligations: Key responsibilities and restrictions on the licensee
9. Warranties and Representations: Warranties regarding the product and IP rights
10. Limitation of Liability: Limitations on liability and exclusions under Austrian law
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
12. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Data Protection: Required if the product involves processing of personal data, addressing GDPR compliance
2. Maintenance and Support: Include if the license includes ongoing support services
3. Service Levels: Required for software products with specific performance requirements
4. Export Controls: Include if the product may be subject to export restrictions
5. Source Code Escrow: For software licenses where source code access might be needed
6. Consumer Protection Provisions: Required for B2C licenses, including mandatory provisions under KSchG
7. Audit Rights: Include for licenses where usage monitoring is important
8. Sub-licensing Rights: Include if sub-licensing is permitted
1. Product Description: Detailed technical specifications and description of the licensed product
2. License Fee Schedule: Detailed breakdown of license fees, payment terms and calculations
3. Technical Requirements: Minimum technical requirements for product use
4. Maintenance and Support Terms: Detailed support levels and response times if applicable
5. Authorized Users: Definition and list of authorized users if license is restricted
6. Data Processing Agreement: Required under GDPR if personal data processing is involved
Relevant legal definitions
Clauses
Relevant Industries
Software and Technology
Manufacturing
Consumer Goods
Pharmaceuticals
Media and Entertainment
Industrial Products
Telecommunications
Biotechnology
Educational Products
Professional Services
Relevant Teams
Legal
Commercial
Sales
Product Development
Business Development
Compliance
Intellectual Property
Operations
Finance
Information Technology
Relevant Roles
Legal Counsel
Licensing Manager
Commercial Director
Product Manager
Business Development Manager
Intellectual Property Manager
Contracts Administrator
Sales Director
Compliance Officer
Chief Technology Officer
Chief Executive Officer
General Counsel
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