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This Software As A Service License Agreement template is designed for use under Austrian jurisdiction, providing a robust framework for cloud-based software service provision. It is specifically crafted to comply with Austrian legal requirements and EU regulations, including GDPR, making it suitable for businesses operating within or providing services to the Austrian market. The document should be used when establishing a formal relationship between a SaaS provider and customer, covering critical aspects such as service delivery, data protection, security measures, and performance standards. It includes specific provisions required under Austrian law while addressing standard SaaS considerations such as service levels, support, maintenance, and liability limitations. This agreement is particularly important for ensuring clear definition of rights and obligations in cloud-based service delivery while maintaining compliance with Austrian and EU legal frameworks.

1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the SaaS services being provided, including scope and functionality

5. License Grant: Terms of the software license, including scope, restrictions, and usage rights

6. Service Levels: Performance standards, availability commitments, and service level metrics

7. Fees and Payment: Pricing, payment terms, billing cycles, and related financial obligations

8. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

9. Data Protection and Privacy: GDPR compliance measures, data processing terms, and privacy obligations

10. Security Requirements: Security standards, protocols, and measures for protecting data and systems

11. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

12. Provider Obligations: Provider's commitments, support services, and maintenance responsibilities

13. Intellectual Property Rights: IP ownership, rights, and protections for both parties

14. Confidentiality: Protection of confidential information and trade secrets

15. Warranties and Disclaimers: Service warranties, performance guarantees, and limitation of warranties

16. Limitation of Liability: Liability caps, exclusions, and risk allocation between parties

17. Force Majeure: Circumstances excusing performance and related procedures

18. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction for dispute resolution

19. General Provisions: Miscellaneous legal provisions including notices, assignment, and severability