This Commercial Software License Agreement template is designed for use in Belgium when a software provider wishes to license their software products to business customers. It encompasses all necessary elements required under Belgian law and EU regulations, including specific provisions from the Belgian Code of Economic Law and EU software licensing directives. The document is particularly suitable for B2B software licensing transactions where the software provider needs to protect their intellectual property rights while granting specific usage rights to the customer. It includes comprehensive terms covering license scope, fees, maintenance, support, data protection (GDPR compliance), and liability provisions that align with Belgian legal requirements. The agreement can be customized based on the software type, deployment model (on-premise/cloud), and specific commercial arrangements between the parties.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software and its intended use
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license
5. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions
6. Intellectual Property Rights: Ownership and protection of IP rights in the software
7. Confidentiality: Protection of confidential information exchanged between parties
8. Warranties and Representations: Warranties regarding software functionality and performance
9. Limitation of Liability: Limitations and exclusions of liability under Belgian law
10. Term and Termination: Duration of the license and termination provisions
11. Data Protection: GDPR compliance and data processing obligations
12. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction
1. Service Levels: Include when specific performance metrics and service levels are required
2. Professional Services: Include when implementation or configuration services are provided
3. Source Code Escrow: Include when source code escrow arrangements are required
4. Third-Party Software: Include when third-party components are part of the licensed software
5. Export Control: Include when software is subject to export control regulations
6. Disaster Recovery: Include for business-critical software applications
7. Security Requirements: Include when specific security standards must be met
8. Maintenance and Support: Include when ongoing support services are provided
1. Software Description: Detailed technical specifications of the licensed software
2. License Fees Schedule: Detailed breakdown of license fees and payment structure
3. Service Level Agreement: Detailed performance metrics and service levels
4. Technical Requirements: Hardware and software requirements for operation
5. Support and Maintenance Terms: Detailed support and maintenance procedures
6. Data Processing Agreement: GDPR-compliant data processing terms
7. Acceptable Use Policy: Terms governing proper use of the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Energy
Transportation
Media and Entertainment
Construction
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Risk Management
Vendor Management
Commercial Operations
Technical Operations
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Commercial Director
Chief Information Officer
Contract Manager
Information Security Officer
Risk Manager
Technology Procurement Specialist
Software Asset Manager
Vendor Management Officer
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