The Software Reseller Agreement is a critical legal instrument used when a software provider wishes to expand their distribution network through authorized resellers in Austria and potentially other EU territories. This document is essential for companies seeking to establish formal reseller relationships while ensuring compliance with Austrian commercial law, EU regulations, and software licensing requirements. The agreement typically covers appointment terms, territory definitions, pricing structures, intellectual property rights, and compliance obligations. It's particularly important for software providers entering the Austrian market or expanding their distribution network, as it must address specific local legal requirements while maintaining consistency with EU-wide regulations. The Software Reseller Agreement should be customized based on the distribution model, whether it's for standalone software, cloud-based solutions, or integrated systems.
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1. Parties: Identification of the software provider and reseller with full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the software, and general purpose of the reseller relationship
3. Definitions: Defined terms including Software, Territory, Intellectual Property Rights, End Users, License Terms, and other key concepts
4. Appointment and Territory: Scope of reseller appointment, territory definition, and whether the appointment is exclusive or non-exclusive
5. License Grant: Rights granted to reseller, including demonstration, marketing, and distribution rights
6. Reseller Obligations: Core responsibilities including minimum purchase requirements, marketing efforts, reporting, and compliance with provider's policies
7. Provider Obligations: Support, training, and materials to be provided to the reseller
8. Intellectual Property Rights: Protection of IP rights, usage of trademarks, and restrictions on modification
9. Pricing and Payment Terms: Pricing structure, payment terms, currency, and invoicing procedures
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Data Protection: GDPR compliance requirements and data handling obligations
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Indemnification: Warranties provided, limitation of liability, and indemnification obligations
14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Marketing and Promotion: Detailed marketing requirements and guidelines, included when specific marketing obligations are required
2. Technical Requirements: Specific technical standards and infrastructure requirements, included for complex software systems
3. Service Level Agreement: Support level commitments and response times, included when technical support is a key component
4. Insurance Requirements: Specific insurance coverage requirements, included for high-value or high-risk software
5. Audit Rights: Provider's rights to audit reseller's compliance, included for complex distribution arrangements
6. Competition Restrictions: Non-compete and territorial restrictions, included when exclusive arrangements are granted
7. Training Requirements: Mandatory training and certification requirements, included for technical or specialized software
8. End User Support: Support obligations towards end users, included when reseller provides first-line support
1. Schedule A - Software Description: Detailed description of software products covered by the agreement
2. Schedule B - Territory Definition: Detailed description of authorized sales territory including any restrictions
3. Schedule C - Price List: Current pricing structure and reseller discounts
4. Schedule D - Service Level Agreement: Detailed support and maintenance terms
5. Schedule E - End User License Agreement: Standard EULA to be used with end customers
6. Schedule F - Marketing Guidelines: Branding requirements and marketing materials usage guidelines
7. Schedule G - Technical Requirements: Technical specifications and requirements for software distribution
8. Schedule H - Reporting Templates: Standard forms for required periodic reporting
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Value-Added Resellers
System Integration
Cloud Services
E-commerce
Retail Technology
Business Services
Telecommunications
Relevant Teams
Legal
Commercial
Sales
Partner Relations
Business Development
Compliance
Licensing
Contract Administration
Information Technology
Channel Management
Partner Operations
Relevant Roles
Legal Counsel
Commercial Director
Sales Director
Channel Manager
Partner Relations Manager
Business Development Manager
Compliance Officer
Software Licensing Manager
Contract Administrator
Chief Technology Officer
Head of Sales
Distribution Manager
Partner Account Manager
Chief Legal Officer
Commercial Operations Manager
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