The Reseller Software License Agreement is essential for software companies seeking to expand their market reach through indirect sales channels in Austria and potentially other territories. This document type is crucial when a software owner wants to authorize third parties to resell, distribute, or integrate their software products while maintaining control over their intellectual property and ensuring compliance with Austrian and EU regulations. The agreement includes comprehensive provisions covering licensing rights, territory restrictions, pricing structures, support obligations, and compliance requirements. It is particularly important in the Austrian market where specific commercial law provisions and EU regulations like GDPR must be considered in software distribution relationships. The document serves as the foundation for business relationships between software vendors and their distribution partners, ensuring clear understanding of rights, obligations, and operational requirements.
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1. Parties: Identification of the software owner/licensor and the reseller, including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and general purpose of the reseller relationship
3. Definitions: Key terms used throughout the agreement, including Software, Territory, End Users, License Fees, etc.
4. Appointment and Territory: Scope of reseller appointment, territory definition, and exclusivity/non-exclusivity provisions
5. License Grant: Scope of license to reseller and sub-license rights to end users
6. Reseller Obligations: Core responsibilities including marketing, sales targets, reporting, and customer support
7. Licensor Obligations: Support, training, and materials to be provided to reseller
8. Intellectual Property Rights: Protection of IP rights, ownership declarations, and handling of infringement
9. Financial Terms: Pricing, payment terms, currency, taxes, and reporting requirements
10. Compliance: Regulatory compliance, including data protection and export controls
11. Term and Termination: Duration, renewal, and termination provisions
12. Post-Termination: Obligations and rights after agreement ends
13. Warranties and Indemnities: Product warranties, service levels, and related indemnifications
14. Limitation of Liability: Liability caps and exclusions under Austrian law
15. General Provisions: Standard clauses including notices, assignment, force majeure, and governing law
1. Marketing and Promotion: Detailed marketing obligations and brand usage guidelines - include if reseller has significant marketing responsibilities
2. Professional Services: Include if reseller will provide implementation or consulting services
3. Source Code Escrow: Include if source code escrow arrangements are required for business continuity
4. White Labeling Rights: Include if reseller has rights to rebrand the software
5. Performance Guarantees: Include if specific performance metrics or SLAs are required
6. Insurance Requirements: Include if specific insurance coverage is required from reseller
7. Competition Restrictions: Include if there are non-compete or exclusivity provisions
8. Localization Rights: Include if reseller has rights to localize the software for their territory
1. Schedule 1 - Software Description: Detailed description of software, modules, and functionality
2. Schedule 2 - License Fees and Pricing: Detailed pricing structure, discounts, and payment terms
3. Schedule 3 - Service Level Agreement: Support levels, response times, and performance metrics
4. Schedule 4 - End User License Agreement: Standard EULA to be used with end customers
5. Schedule 5 - Territory Definition: Detailed description of geographical or sector-based territory
6. Schedule 6 - Technical Requirements: Software technical specifications and requirements
7. Schedule 7 - Data Processing Agreement: GDPR-compliant data processing terms if applicable
8. Schedule 8 - Marketing Guidelines: Brand guidelines and marketing requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Cloud Services
Enterprise Software
Software as a Service (SaaS)
System Integration
Value-Added Services
Telecommunications
Digital Services
E-commerce
Technology Consulting
Relevant Teams
Legal
Sales
Business Development
Partner Relations
Commercial
Compliance
Software Development
Product Management
Channel Sales
Partner Operations
Technical Support
Contract Administration
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Head of Sales
Sales Director
Channel Manager
Partner Manager
Legal Counsel
Contract Manager
Business Development Manager
Software Licensing Manager
Commercial Director
Chief Legal Officer
Partnership Director
Distribution Manager
Compliance Officer
Head of Partner Relations
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