This Corporate Software License Agreement template is designed for use in the German market when a software provider wishes to license their software products to corporate customers. It incorporates specific requirements of German law, including provisions from the Bürgerliches Gesetzbuch (BGB), Handelsgesetzbuch (HGB), and data protection regulations (GDPR). The agreement is particularly suited for B2B transactions where software is being licensed for corporate use, covering aspects such as installation, maintenance, support, and security requirements. It includes necessary protections for intellectual property rights, liability limitations allowable under German law, and specific performance warranties. This template should be used when establishing a formal licensing relationship between software providers and corporate users, ensuring compliance with German commercial and technology law requirements.
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1. Parties: Identification of the licensor and licensee with full legal entity details
2. Background: Context of the agreement and brief description of the software and intended use
3. Definitions: Detailed definitions of terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. License Grant: Scope of the license, including usage rights, restrictions, and territorial limitations
5. License Fees: Payment terms, fee structure, and payment schedule
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Warranties and Representations: Software performance warranties and business authority representations
9. Support and Maintenance: Terms for ongoing support, updates, and maintenance services
10. Data Protection: GDPR compliance and data processing terms
11. Confidentiality: Protection of confidential information and trade secrets
12. Limitation of Liability: Liability caps and exclusions in compliance with German law
13. Term and Termination: Duration of agreement and termination rights
14. Post-Termination Obligations: Actions required after agreement ends
15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Software: Include when the software contains third-party components requiring separate license terms
2. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
3. Training Services: Include when the licensor will provide user training
4. Professional Services: Include when additional implementation or customization services are required
5. Export Control: Include when software is subject to export control regulations
6. Disaster Recovery: Include when specific disaster recovery procedures are required
7. Service Levels: Include when specific performance metrics and remedies are required
8. Audit Rights: Include when the licensor requires rights to audit licensee's usage
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 structure
3. Schedule 3 - Support Services: Detailed support and maintenance service levels and procedures
4. Schedule 4 - Security Requirements: Security standards and requirements for software operation
5. Schedule 5 - Accepted Use Policy: Detailed terms of acceptable use and restrictions
6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Schedule 7 - Service Level Agreement: Detailed performance metrics and service levels
8. Schedule 8 - Implementation Plan: Timeline and milestones for software implementation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Manufacturing
Healthcare
Retail
Professional Services
Telecommunications
Energy
Transportation
Education
Insurance
Real Estate
Media and Entertainment
Pharmaceutical
Automotive
Relevant Teams
Legal
Information Technology
Procurement
Finance
Information Security
Risk Management
Compliance
Operations
Digital Transformation
Vendor Management
Enterprise Architecture
Software Development
Infrastructure
Data Protection
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
IT Security Manager
Data Protection Officer
Enterprise Architect
Solutions Architect
IT Operations Manager
Contract Manager
Technology Procurement Specialist
Vendor Management Officer
Information Security Officer
Chief Financial Officer
Digital Transformation Manager
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