This Software Subscription Agreement template is designed for use in the Austrian market where software is provided on a subscription basis, whether for business-to-business (B2B) or business-to-consumer (B2C) relationships. The agreement incorporates essential elements required under Austrian law and European Union regulations, including the Austrian Civil Code (ABGB), the EU General Data Protection Regulation (GDPR), and the Austrian Consumer Protection Act (KSchG). It is particularly suitable for software providers offering their solutions to Austrian-based clients or international companies requiring Austrian law compliance. The document addresses key aspects such as subscription terms, service levels, data protection, intellectual property rights, and liability provisions, while ensuring alignment with Austria's specific legal requirements for digital services and software licensing.
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1. Parties: Identification and details of the contracting parties (provider and subscriber)
2. Background: Context of the agreement and brief description of the software service
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Subscription Services: Detailed description of the software services being provided
5. License Grant and Restrictions: Scope of software license, permitted uses, and restrictions
6. Subscription Term and Renewal: Duration of subscription, renewal terms, and termination conditions
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Service Levels and Support: Performance standards, availability commitments, and support services
9. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations
10. Security Requirements: Security measures, protocols, and compliance requirements
11. Intellectual Property Rights: IP ownership, rights, and protections
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Disclaimers: Service warranties and limitations
14. Liability and Indemnification: Limitation of liability and indemnification obligations
15. Termination: Termination rights, process, and consequences
16. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Professional Services: Include when implementation, configuration, or training services are provided
2. Service Credits: Include when offering financial compensation for service level failures
3. Disaster Recovery: Include for enterprise-level agreements or critical systems
4. Insurance Requirements: Include for enterprise clients or high-value contracts
5. Export Control: Include when software may be subject to export restrictions
6. White Labeling: Include when software can be rebranded by the subscriber
7. Compliance with Industry Standards: Include when specific industry regulations apply (e.g., healthcare, financial services)
8. Third-Party Integrations: Include when the software interfaces with third-party services
9. Beta Services: Include when offering access to pre-release features
10. High-Risk Activities: Include when software should not be used for critical safety systems
1. Service Description: Detailed technical specifications and functionality of the software
2. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and remedies
3. Support Services: Support tiers, response times, and escalation procedures
4. Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Data Processing Agreement: GDPR-compliant data processing terms and conditions
6. Security Requirements: Detailed security protocols, standards, and compliance requirements
7. Acceptable Use Policy: Rules and restrictions for using the software service
8. Business Continuity Plan: Disaster recovery and business continuity procedures
9. Exit Plan: Procedures for termination and transition of services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Government
Insurance
E-commerce
Media and Entertainment
Real Estate
Logistics and Transportation
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Sales
Business Development
Information Security
Data Protection
Operations
Risk Management
Product Management
Contract Administration
Software Development
Customer Success
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software Development Manager
Compliance Officer
Contract Manager
Information Security Officer
Data Protection Officer
Sales Director
Account Executive
Business Development Manager
Operations Manager
Risk Manager
Product Manager
Chief Information Officer
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