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SaaS License Agreement for Austria

SaaS License Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes the terms and conditions under which a software provider licenses and delivers software as a service (SaaS) to business customers. The agreement addresses key aspects including service access rights, usage terms, data protection compliance under GDPR and Austrian DSG, service levels, support obligations, intellectual property rights, and liability limitations. It incorporates specific requirements of Austrian contract law while ensuring compliance with EU regulations regarding digital services and data protection.

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What is a SaaS License Agreement?

This SaaS License Agreement template is designed for use under Austrian jurisdiction when a software provider wishes to license and provide software services to business customers on a subscription basis. The agreement comprehensively covers essential aspects of software-as-a-service delivery, including access rights, service levels, data protection, and support services, while ensuring compliance with Austrian civil law, EU regulations, and specific requirements of the Austrian Data Protection Act (DSG). It's particularly suitable for both Austrian-based SaaS providers and international companies providing services to Austrian customers, incorporating necessary provisions for GDPR compliance, consumer protection, and e-commerce regulations. The document structure allows for customization based on specific service offerings while maintaining core legal protections required under Austrian law.

What sections should be included in a SaaS License Agreement?

1. Parties: Identification of contracting parties with full legal names and addresses

2. Background: Context of the agreement and brief description of the SaaS service

3. Definitions: Defined terms used throughout the agreement

4. License Grant: Scope of the software license and access rights granted to the customer

5. Service Provision: Details of service delivery, access methods, and service availability

6. Customer Obligations: Customer responsibilities, acceptable use policy, and access management

7. Fees and Payment: Pricing, payment terms, and billing procedures

8. Data Protection and Security: GDPR compliance, data processing terms, and security measures

9. Intellectual Property Rights: IP ownership, restrictions, and protections

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration, renewal, and termination provisions

12. Warranties and Disclaimers: Service warranties and limitation of warranties

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. General Provisions: Miscellaneous legal provisions including governing law, jurisdiction, and notices

What sections are optional to include in a SaaS License Agreement?

1. Professional Services: Include when additional implementation or consulting services are provided

2. Service Credits: Include when offering service credits for service level failures

3. Disaster Recovery: Include for enterprise customers requiring specific disaster recovery commitments

4. Insurance: Include when specific insurance coverage requirements are needed

5. Change Management: Include for enterprise customers requiring formal change control procedures

6. Audit Rights: Include when customer requires rights to audit service provider's security or compliance

7. Source Code Escrow: Include when source code escrow arrangements are required

What schedules should be included in a SaaS License Agreement?

1. Service Description: Detailed description of the SaaS service features and functionality

2. Service Level Agreement (SLA): Performance metrics, availability commitments, and remedies

3. Technical Requirements: Software, hardware, and network requirements for accessing the service

4. Support Services: Support levels, response times, and escalation procedures

5. Data Processing Agreement: GDPR-compliant data processing terms and details

6. Security Requirements: Security standards, measures, and compliance requirements

7. Pricing Schedule: Detailed pricing, payment terms, and calculation methods

8. Acceptable Use Policy: Detailed rules and restrictions for service usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

License Agreement

Cost

Free to use
Relevant legal definitions


















































Clauses


































Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Insurance

Real Estate

Logistics

Consulting

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Sales

Information Security

Risk Management

Operations

Software Development

Commercial

Data Protection

Customer Success

Vendor Management

Relevant Roles

Chief Technology Officer

Legal Counsel

Privacy Officer

Procurement Manager

IT Director

Compliance Officer

Commercial Director

Sales Director

Contract Manager

Information Security Manager

Risk Manager

Operations Director

Chief Information Officer

Software Development Manager

Account Executive

Business Development Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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