The Software Partner Agreement is essential for businesses operating in Austria's technology sector, establishing formal partnerships for software distribution, implementation, or reselling. This document is typically used when a software provider wants to expand their market reach through authorized partners while maintaining control over their intellectual property and ensuring consistent service quality. The agreement must comply with Austrian legal requirements, including the Civil Code (ABGB), Commercial Code (UGB), Data Protection Act (DSG), and relevant EU regulations like GDPR. It covers critical aspects such as partnership scope, licensing, revenue sharing, support obligations, data protection, and territorial rights, while addressing specific Austrian legal requirements for commercial partnerships.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the partnership and general objectives
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of partnership appointment and territorial scope
5. License Grant: Software licensing terms and usage rights
6. Partner Obligations: Core responsibilities and commitments of the partner
7. Provider Obligations: Core responsibilities and commitments of the software provider
8. Financial Terms: Pricing, revenue sharing, and payment terms
9. Intellectual Property Rights: IP ownership, protection, and usage rights
10. Data Protection and Security: GDPR compliance and data security measures
11. Confidentiality: Protection of confidential information
12. Term and Termination: Duration, renewal, and termination provisions
13. Post-Termination: Obligations and rights after agreement termination
14. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Marketing and Promotion: Terms for marketing activities and brand usage - include if partner will conduct marketing activities
2. Service Levels: Specific performance metrics and support standards - include if providing technical support services
3. Training: Training obligations and requirements - include if partner requires software training
4. Insurance: Insurance requirements - include for high-value or high-risk partnerships
5. Source Code Escrow: Source code escrow arrangements - include if partner requires business continuity protection
6. Professional Services: Terms for additional professional services - include if partner will provide implementation or consulting services
7. Compliance with Laws: Specific regulatory compliance obligations - include if operating in regulated industries
1. Software Description: Detailed description of the software products covered by the agreement
2. Commercial Terms: Detailed pricing, commission structures, and payment terms
3. Service Level Agreement: Detailed support and maintenance service levels
4. Technical Requirements: Minimum technical specifications and requirements
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Territory and Exclusivity: Detailed description of territorial rights and any exclusivity provisions
7. Partner Certification Requirements: Required certifications and qualifications for partner status
8. Approved Marketing Materials: Pre-approved marketing content and brand guidelines
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Consulting
Cloud Services
Enterprise Software
Digital Services
E-commerce
Financial Technology
Healthcare Technology
Manufacturing Technology
Telecommunications
Professional Services
Relevant Teams
Legal
Commercial
Sales
Business Development
Partner Relations
Software Development
Compliance
Information Technology
Data Protection
Finance
Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
Commercial Director
Partnership Manager
Business Development Manager
Sales Director
Channel Manager
Software Development Manager
Compliance Officer
Data Protection Officer
Contract Manager
Partner Success Manager
Alliance Manager
Technology Director
Head of Sales
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