The License Agreement For Software Product is a crucial legal instrument used when a software provider wishes to grant usage rights to their software while retaining ownership of the intellectual property. This agreement, governed by Belgian law, is essential for software companies operating in or serving clients in Belgium, ensuring compliance with local regulations including the Belgian Code of Economic Law and EU directives. The document addresses key aspects such as license scope, usage restrictions, maintenance terms, data protection (GDPR compliance), and liability limitations. It's particularly relevant in commercial software distribution, enterprise software deployment, and custom software implementation scenarios, providing legal protection for both the licensor and licensee while establishing clear operational parameters.
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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 product
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license granted, including type (exclusive/non-exclusive), territory, and duration
5. License Fees and Payment Terms: Financial terms, payment schedule, and payment methods
6. Intellectual Property Rights: Assertion of ownership and protection of IP rights in the software
7. Licensee Obligations: Requirements and restrictions on licensee's use of the software
8. Maintenance and Support: Terms for technical support, updates, and maintenance services
9. Warranties and Representations: Warranties regarding software functionality and performance
10. Limitation of Liability: Limitations on liability and disclaimers in accordance with Belgian law
11. Term and Termination: Duration of agreement and conditions for termination
12. Data Protection: GDPR compliance and data processing obligations
13. Confidentiality: Protection of confidential information exchanged
14. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
15. General Provisions: Standard legal provisions including severability, entire agreement, and amendments
1. Third-Party Software Components: Include when the software contains third-party components or open-source software
2. Export Controls: Include when software may be subject to export regulations
3. Source Code Escrow: Include when source code escrow arrangements are required
4. Service Level Agreement: Include when specific performance levels are guaranteed
5. Disaster Recovery: Include when business continuity requirements are critical
6. Training and Documentation: Include when training and documentation services are provided
7. Audit Rights: Include when licensor requires rights to audit licensee's use
8. Insurance Requirements: Include when specific insurance coverage is required
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment schedule
3. Schedule 3 - Support Services: Description of support and maintenance services
4. Schedule 4 - Service Levels: Technical performance metrics and service levels
5. Schedule 5 - Security Requirements: Security standards and requirements
6. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software
7. Appendix B - Technical Requirements: Hardware and system requirements for the software
8. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government
Research and Development
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Sales
Business Development
Information Security
Software Development
Product Management
Operations
Risk Management
Commercial
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Contract Manager
Software Development Manager
Compliance Officer
Data Protection Officer
Commercial Director
Sales Director
Business Development Manager
IT Security Manager
Product Manager
Operations Manager
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