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Click Wrap License Template for Germany

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Key Requirements PROMPT example:

Click Wrap License

"I need a Click Wrap License agreement for my mobile gaming app launching in March 2025, compliant with German law, that will be used by individual consumers and includes in-app purchases and data collection for gameplay optimization."

Document background
The Click Wrap License agreement is essential for businesses offering digital services, software, or online platforms in Germany. It provides a legally enforceable mechanism for obtaining user consent to terms and conditions through a click-based acceptance process. This document must be structured to comply with German contract law, particularly regarding standard terms and conditions (AGB-Recht), e-commerce regulations, and consumer protection requirements. The agreement typically covers license scope, usage rights, data protection (GDPR compliance), liability limitations, and termination provisions. Special attention must be paid to German-specific requirements such as the "Button Solution" law for e-commerce transactions and transparent presentation of terms. This type of agreement is particularly crucial for software deployments, mobile apps, website access, and digital service provisions in the German market.
Suggested Sections

1. Parties: Identification of the licensor and specification of eligible licensees/users

2. Background: Brief context of the license agreement and the software/service being licensed

3. Definitions: Clear definitions of key terms used throughout the agreement, including technical terms

4. Acceptance of Terms: Clear mechanism for acceptance, including explicit consent process and prominence of terms as required by German law

5. License Grant: Scope of the license, permitted uses, and restrictions

6. User Obligations: User responsibilities, acceptable use policy, and compliance requirements

7. Intellectual Property Rights: Statement of ownership and IP rights protection

8. Data Protection and Privacy: GDPR-compliant privacy terms and data handling practices

9. Warranty and Liability: Warranty disclaimers and liability limitations (in compliance with German law restrictions on liability exclusions)

10. Term and Termination: Duration of license, termination conditions, and post-termination obligations

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

Optional Sections

1. Payment Terms: Required if the license is not free, must include clear price information and payment processes as per German e-commerce law

2. Service Level Agreement: Required for software-as-a-service offerings, defining service availability and support terms

3. Third-Party Components: Required if the software includes third-party elements, detailing additional terms and licenses

4. Export Control: Required if the software is subject to export restrictions

5. Age Restrictions: Required if the service has age limitations or is directed at minors

6. Professional User Provisions: Required for B2B versions of the agreement with modified terms for professional users

Suggested Schedules

1. Privacy Policy: Detailed GDPR-compliant privacy policy, often as a separate but linked document

2. Acceptable Use Policy: Detailed rules and restrictions for use of the software/service

3. Technical Requirements: Specification of technical requirements and compatible systems

4. Fee Schedule: If paid service, detailed breakdown of fees and payment terms

5. Data Processing Agreement: Required under GDPR if personal data processing is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses






























Relevant Industries

Software & Technology

E-commerce

Digital Services

Mobile Applications

Cloud Services

Gaming

FinTech

Online Education

Digital Content Distribution

SaaS (Software as a Service)

Digital Media & Entertainment

Relevant Teams

Legal

Compliance

Product Development

Information Technology

User Experience

Customer Support

Information Security

Privacy & Data Protection

Digital Operations

Risk Management

Relevant Roles

Legal Counsel

Privacy Officer

Software Developer

Product Manager

Compliance Manager

Digital Rights Manager

E-commerce Manager

IT Security Officer

User Experience Designer

Business Development Manager

Risk Manager

Customer Success Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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