This Dual Software License agreement is designed for software developers or companies who wish to implement a flexible licensing strategy under German law, offering different terms for commercial and non-commercial use of their software. The document is particularly useful when a software provider wants to maintain control over commercial exploitation while allowing free use for specific purposes (such as academic, personal, or open-source applications). It includes comprehensive provisions compliant with German legal requirements, including detailed sections on warranty limitations (as per BGB), data protection (GDPR compliance), and intellectual property rights (under German Copyright Act - UrhG). The agreement is structured to protect the licensor's interests while providing clear terms for different categories of users, incorporating specific German legal requirements for both B2B and B2C relationships.
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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, description of the software, and purpose of the dual licensing structure
3. Definitions: Detailed definitions of key terms including Software, Documentation, Intellectual Property Rights, Commercial Use, Non-Commercial Use, etc.
4. Grant of License: Separate sections detailing the two different license grants, their scope, and conditions
5. License Fees and Payment Terms: Financial terms for the commercial license, payment schedule, and currency
6. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of modifications
7. Obligations of the Licensee: User responsibilities, usage restrictions, and compliance requirements
8. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
9. Warranties and Liability: Warranty terms, limitation of liability, and indemnification provisions compliant with German law
10. Data Protection: GDPR compliance requirements and data handling obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability
1. Third-Party Software: Include when the software contains third-party components, detailing their licenses and obligations
2. Support and Maintenance: Include when offering technical support and maintenance services with the commercial license
3. Professional Services: Include when offering implementation, training, or consulting services
4. Export Control: Include when the software is subject to export control regulations
5. Source Code Escrow: Include when providing source code escrow arrangements for the commercial license
6. Audit Rights: Include for commercial licenses where usage monitoring is important
1. Schedule 1 - Software Description: Detailed technical description of the software, its components, and functionality
2. Schedule 2 - Commercial License Terms: Specific terms, conditions, and restrictions for the commercial license
3. Schedule 3 - Non-Commercial License Terms: Specific terms, conditions, and restrictions for the non-commercial license
4. Schedule 4 - Fee Schedule: Detailed pricing structure for the commercial license
5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for support and maintenance
6. Appendix A - Acceptable Use Policy: Guidelines and restrictions for software usage
7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications
Relevant legal definitions
Clauses
Relevant Industries
Software & Technology
Information Technology
Education
Research & Development
Healthcare
Financial Services
Manufacturing
E-commerce
Telecommunications
Professional Services
Relevant Teams
Legal
Software Development
Product Management
Business Development
Compliance
Intellectual Property
Commercial Operations
Executive Leadership
Technical Architecture
Customer Success
Relevant Roles
Legal Counsel
Software Development Manager
Chief Technology Officer
Licensing Manager
Contract Administrator
Intellectual Property Manager
Business Development Director
Product Manager
Commercial Director
Chief Executive Officer
Chief Legal Officer
Software Architect
Open Source Compliance Officer
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