The Third Party Software License Agreement is essential when an organization needs to acquire rights to use software developed and owned by another company. This agreement, governed by Belgian law, establishes the legal framework for software usage, including scope of license, intellectual property rights, technical specifications, and compliance requirements. It's particularly important in the Belgian context as it must comply with both national contract law and EU regulations, including software protection directives and GDPR. The document protects both the licensor's intellectual property rights and the licensee's usage rights while setting clear expectations for support, maintenance, and liability. It's commonly used in business-to-business transactions where organizations need to license software for their operations, whether for on-premises installation or cloud-based access.
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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
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope of the license, including usage rights, restrictions, and territory
5. Intellectual Property Rights: Ownership of IP rights and protection measures
6. License Fees and Payment: Payment terms, fee structure, and payment obligations
7. Licensee Obligations: Requirements and restrictions on licensee's use of the software
8. Technical Requirements: Minimum system requirements and technical specifications
9. Warranties and Representations: Warranties provided by the licensor and warranty disclaimers
10. Term and Termination: Duration of the agreement and termination provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Circumstances excusing performance of obligations
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Maintenance and Support: Terms for ongoing maintenance and technical support, included if support services are part of the agreement
2. Professional Services: Terms for installation, implementation, or training services if provided
3. Service Levels: Performance standards and metrics if specific service levels are guaranteed
4. Cloud Services: Additional terms for cloud-based software delivery if applicable
5. Audit Rights: Right to audit licensee's use of software, typically included for enterprise licenses
6. Export Control: Export compliance terms if software is subject to export regulations
7. Source Code Escrow: Terms for source code escrow arrangements if agreed
8. Third Party Components: Terms relating to third-party software components if included in the licensed software
1. Schedule 1 - Licensed Software: Detailed description of the licensed software and components
2. Schedule 2 - Technical Specifications: Detailed technical requirements and specifications
3. Schedule 3 - License Fees: Detailed fee structure and payment schedule
4. Schedule 4 - Support Services: Description of support services and service level agreements
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
6. Schedule 6 - Acceptable Use Policy: Guidelines for acceptable use of the software
7. Appendix A - Contact Information: Key contacts for both parties for various purposes
8. Appendix B - Change Control Procedure: Process for requesting and implementing changes to 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
Pharmaceuticals
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Vendor Management
Finance
Operations
Software Development
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Asset Manager
Compliance Officer
Contract Manager
Information Security Officer
Technology Procurement Specialist
IT Operations Manager
Enterprise Architect
Commercial Director
Risk Manager
Chief Information Officer
Vendor Management Specialist
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