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Evaluation License Agreement for Germany

Evaluation License Agreement Template for Germany

This German law-governed Evaluation License Agreement establishes the legal framework for temporary access to and evaluation of proprietary technology, software, or other intellectual property. It defines the scope, duration, and permitted uses during the evaluation period while protecting the licensor's intellectual property rights. The agreement incorporates specific provisions required under German law, including detailed regulations on data protection (GDPR compliance), standard business terms under the German Civil Code (BGB), and intellectual property protections under German copyright law (Urheberrechtsgesetz). It provides comprehensive terms for evaluation feedback, confidentiality obligations, and post-evaluation procedures.

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What is a Evaluation License Agreement?

The Evaluation License Agreement serves as a critical legal instrument for organizations seeking to assess technology, software, or other proprietary solutions before making a full commitment to purchase or license. This document, governed by German law, establishes a controlled environment for evaluation while protecting the intellectual property rights of the licensor. It is particularly relevant in scenarios where companies need to validate functionality, compatibility, or performance of solutions within their specific environment. The agreement includes essential provisions required under German legislation, including compliance with the German Civil Code (BGB), data protection laws, and intellectual property regulations. It specifies evaluation parameters, feedback mechanisms, confidentiality obligations, and termination procedures, making it suitable for both technical assessment and business decision-making processes.

What sections should be included in a Evaluation License Agreement?

1. Parties: Identification of the contracting parties - licensor and evaluator

2. Background: Context of the agreement and purpose of the evaluation

3. Definitions: Key terms used throughout the agreement including Licensed Material, Evaluation Period, and Evaluation Purpose

4. Grant of License: Scope of the temporary license, including usage permissions and restrictions

5. Evaluation Period: Duration of the evaluation license and any extension provisions

6. Evaluation Purpose: Permitted purposes and scope of the evaluation

7. Restrictions on Use: Specific limitations on usage, copying, modification, and distribution

8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

9. Confidentiality: Protection of confidential information disclosed during evaluation

10. Feedback and Evaluation Results: Ownership and usage rights of evaluation feedback and results

11. Termination: Conditions for termination and consequences

12. Post-Termination Obligations: Requirements after termination including return or destruction of materials

13. Warranty Disclaimer: Limited warranties for evaluation purpose and liability limitations

14. Governing Law and Jurisdiction: Application of German law and jurisdiction provisions

What sections are optional to include in a Evaluation License Agreement?

1. Data Protection: Required if personal data processing is involved during evaluation

2. Third Party Access: Include if evaluation involves access by evaluator's affiliates or contractors

3. Export Control: Required if licensed material is subject to export control regulations

4. Security Requirements: Include if specific security measures are required during evaluation

5. Benchmark Testing: Include if benchmark testing is prohibited or requires specific conditions

6. Support Services: Include if technical support is provided during evaluation

7. Insurance: Include if specific insurance coverage is required during evaluation

What schedules should be included in a Evaluation License Agreement?

1. Schedule 1 - Licensed Material: Detailed description of software, technology, or materials being evaluated

2. Schedule 2 - Technical Requirements: Technical specifications and system requirements

3. Schedule 3 - Evaluation Criteria: Specific criteria and metrics for evaluation

4. Schedule 4 - Security Standards: Required security measures and compliance standards

5. Schedule 5 - Support Services: Details of any technical support provided during evaluation

6. Appendix A - Feedback Form: Template for providing structured feedback during evaluation

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions































Clauses


























Relevant Industries

Information Technology

Software Development

Manufacturing

Healthcare

Pharmaceuticals

Automotive

Aerospace

Research and Development

Industrial Automation

Telecommunications

Financial Services

Energy

Biotechnology

Relevant Teams

Legal

Information Technology

Research and Development

Procurement

Compliance

Product Development

Innovation

Software Development

Intellectual Property

Business Development

Technical Operations

Contract Management

Relevant Roles

Chief Technology Officer

Legal Counsel

IP Manager

Product Manager

Software Development Manager

IT Director

Procurement Manager

Research Director

Innovation Manager

Technology Assessment Officer

Business Development Manager

Compliance Officer

Contract Manager

Chief Information Officer

Technical Evaluation Specialist

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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