This Commercial Software License Agreement template is designed for use in the German market, providing a comprehensive framework for software licensing transactions. It is particularly suitable for business-to-business relationships where a software provider wishes to license their software products to commercial users while maintaining intellectual property rights. The agreement incorporates essential elements required under German law, including specific provisions from the German Civil Code (BGB), Copyright Act (UrhG), and data protection regulations (DSGVO). It addresses critical aspects such as license scope, usage rights, maintenance services, warranty terms, and liability limitations within the constraints of German legal requirements. This document is typically used when establishing long-term software licensing relationships, requiring detailed terms for software deployment, usage restrictions, support services, and compliance obligations.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. License Grant: Scope of the license, usage rights, restrictions, and territory limitations
5. License Fees: Payment terms, fee structure, payment schedule, and late payment consequences
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of derivative works
7. Licensee Obligations: User responsibilities, acceptable use policies, and compliance requirements
8. Technical Requirements: Minimum system requirements and technical specifications for software use
9. Support and Maintenance: Basic support terms, maintenance services, and update provisions
10. Data Protection: GDPR compliance, data processing terms, and data security measures
11. Warranty and Liability: Warranty terms and liability limitations in accordance with German law
12. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations
13. General Provisions: Standard clauses including governing law, jurisdiction, entirety clause, and severability
1. Enterprise-Specific Terms: Additional terms for enterprise-level licenses, including volume licensing and deployment rights
2. Professional Services: Terms for additional implementation, training, or consulting services
3. Service Level Agreement: Detailed performance metrics and service levels for cloud-based software
4. Reseller Rights: Terms for redistribution or reselling rights if applicable
5. Source Code Escrow: Terms for source code escrow arrangements for business-critical applications
6. Audit Rights: Terms allowing licensor to audit licensee's compliance with license terms
7. Export Control: Specific provisions for international use and export compliance
8. High-Risk Use Restrictions: Specific restrictions for use in high-risk or regulated environments
1. Schedule 1 - Software Description: Detailed description of the software, including modules, features, and functionality
2. Schedule 2 - License Fees: Detailed fee structure, pricing tiers, and payment schedules
3. Schedule 3 - Technical Specifications: Detailed technical requirements and compatibility specifications
4. Schedule 4 - Support Services: Detailed description of support and maintenance services
5. Schedule 5 - Service Level Agreement: Detailed service levels, metrics, and remedies
6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software use
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and specifications
8. Appendix C - Security Requirements: Detailed security requirements and protocols
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Automotive
Energy
Media and Entertainment
Transportation and Logistics
Construction
Biotechnology
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Vendor Management
Operations
Finance
Software Asset Management
Data Protection
Commercial Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Contract Administrator
Information Security Officer
Data Protection Officer
Enterprise Architect
IT Operations Manager
Vendor Management Specialist
Commercial Director
Risk Management Officer
Compliance Officer
Software Asset Manager
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