The OEM Software License Agreement is a critical legal framework for software providers who wish to allow manufacturers to integrate their software into hardware or other products for redistribution. This agreement, governed by German law, is essential when a software company wants to expand its distribution through OEM channels while maintaining control over its intellectual property and ensuring proper end-user licensing. The document addresses complex aspects of German and EU software licensing laws, including specific requirements for warranty provisions, liability limitations, and data protection. It's particularly important for scenarios where software will be embedded in or bundled with hardware products, requiring careful attention to integration rights, technical specifications, and support obligations. The agreement also needs to comply with German contract law (BGB) and software-specific regulations while addressing both the direct OEM relationship and downstream end-user rights.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification of the licensor (software provider) and licensee (OEM)
2. Background: Context of the agreement, including brief description of the software and intended OEM integration
3. Definitions: Key terms including Software, Documentation, OEM Product, End User, Intellectual Property Rights, Updates
4. Grant of License: Scope of license to OEM, including integration, modification, and distribution rights
5. End User Sublicensing: Terms governing the OEM's distribution of software to end users and required end-user license terms
6. License Restrictions: Specific prohibitions and limitations on use of the software
7. Delivery and Integration: Terms for software delivery, integration requirements, and testing procedures
8. Fees and Payment: License fees, payment terms, royalties, and reporting requirements
9. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
10. Technical Support and Updates: Support services, maintenance, and update provisions
11. Warranties and Liability: Warranty terms, liability limitations, and indemnification provisions compliant with German law
12. Term and Termination: Duration, renewal, and termination provisions including post-termination obligations
13. Confidentiality: Protection of confidential information and trade secrets
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required if the software processes personal data, addressing GDPR compliance
2. Source Code Escrow: Optional provisions for source code escrow arrangements
3. Professional Services: If additional implementation or customization services are required
4. Export Control: Required for software subject to export control regulations
5. Marketing Rights: Optional provisions for mutual marketing and promotion rights
6. Audit Rights: Optional provisions for auditing OEM's compliance with license terms
7. Insurance: Optional requirements for insurance coverage
8. Service Level Agreement: Optional detailed service level commitments for support and maintenance
1. Schedule 1 - Software Description: Detailed description of licensed software, components, and functionality
2. Schedule 2 - Technical Requirements: Integration requirements, specifications, and performance criteria
3. Schedule 3 - License Fees: Detailed fee structure, royalty calculations, and payment terms
4. Schedule 4 - Support Services: Detailed support and maintenance terms, including SLAs if applicable
5. Schedule 5 - End User License Terms: Mandatory terms for end-user license agreements
6. Appendix A - Approved Branding Guidelines: Requirements for software branding and attribution
7. Appendix B - Security Requirements: Security standards and requirements for integration
8. Appendix C - Documentation: List of provided documentation and technical materials
Relevant legal definitions
Clauses
Relevant Industries
Software Development
Manufacturing
Automotive
Electronics
Industrial Automation
Healthcare Technology
Telecommunications
Consumer Electronics
IoT and Connected Devices
Security Systems
Medical Devices
Industrial Equipment
Smart Home Technology
Relevant Teams
Legal
Product Development
Software Development
Business Development
Sales
Procurement
Information Technology
Compliance
Information Security
Technical Operations
Partner Relations
Contract Administration
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Product Manager
Business Development Director
OEM Partnership Manager
Intellectual Property Manager
Contract Manager
Software Development Manager
Integration Engineer
Technical Account Manager
Compliance Officer
Chief Information Security Officer
Sales Director
Procurement Manager
Find the exact document you need
White Label License Agreement
A German law-governed agreement allowing a licensee to rebrand and market a licensor's product/service under their own brand name.
Download
Residential Licence Agreement
A German law-governed agreement establishing a flexible residential licence arrangement between property owner and resident, incorporating key requirements of German property law.
Download
Occupancy License Agreement
A German law agreement granting temporary rights to occupy and use property or space, commonly used for flexible workspace arrangements and commercial purposes.
Download
Name And Likeness License Agreement
A German law-governed agreement authorizing and regulating the commercial use of an individual's name, image, and likeness rights while ensuring compliance with German personality rights protection.
Download
Master Toy License
A German law-governed agreement authorizing a toy manufacturer to produce and sell licensed toy products, subject to quality controls and royalty payments.
Download
License Rental Agreement
A German law-governed agreement combining license and rental provisions for intellectual property rights and physical assets.
Download
Non Exclusive Photo License Agreement
German law-governed agreement for non-exclusive licensing of photographic works, ensuring compliance with German Copyright Act while protecting both parties' interests.
Download
License Back Agreement
A German law-governed agreement where an IP transferor receives a license to continue using previously transferred intellectual property rights.
Download
Exclusive And Non Exclusive License
German law licensing agreement template for exclusive and non-exclusive rights transfer, compliant with deutsches Recht and suitable for domestic and international use.
Download
Copyright Agreement
A German law-governed agreement for transferring or licensing copyright, addressing both exploitation rights and moral rights under the Urheberrechtsgesetz.
Download
Lease & License Agreement
A German law-governed agreement combining property lease terms with license rights, suitable for commercial property rental with associated usage rights.
Download
Real Property License Agreement
A German law-governed agreement granting specific property usage rights from an owner to a user, structured under the German Civil Code (BGB).
Download
Partnership License
German law-governed agreement combining partnership collaboration and licensing rights, establishing terms for joint operations and IP usage between partners.
Download
Content Usage Agreement
A German law-governed agreement defining terms and conditions for content usage and distribution rights between parties.
Download
Commercial Property Licence Agreement
A German law-governed agreement granting commercial property usage rights from a Licensor to a Licensee, establishing terms and conditions for business premises use.
Download
Oem Software License Agreement
A German law-governed agreement for licensing software to OEMs for integration into their products and redistribution to end users.
Download
Freeware Software License
German law-compliant Freeware Software License Agreement for free software distribution and use, incorporating necessary legal protections and usage terms.
Download
Software License Server Open Source
German law-governed agreement for open source software license server deployment and operation, combining technical requirements with legal compliance measures.
Download
Standard Copyright License
A German law-compliant copyright license agreement for managing intellectual property rights transfer and usage permissions under the Urheberrechtsgesetz (UrhG).
Download
Simple Software License Agreement
A German law-governed agreement establishing basic terms for software licensing between licensor and licensee, compliant with German Civil Code requirements.
Download
Photographer License Agreement
A German law-governed agreement establishing terms for licensing photographic works, including usage rights, compensation, and compliance with German copyright and data protection regulations.
Download
Non Commercial Use License
A German law-governed license agreement for non-commercial use of intellectual property, incorporating specific requirements of German contract and licensing laws.
Download
Beta License
German law-governed agreement for beta software testing, establishing tester rights, obligations, and liability framework.
Download
Grazing License
A German law agreement granting rights to use specified land for grazing livestock, setting terms for usage, maintenance, and environmental compliance.
Download
Exclusive Beat License Agreement
A German law-governed agreement granting exclusive rights to use and commercialize a musical beat, with specific terms for usage, payment, and rights management.
Download
Patent License
A German law-governed agreement for licensing patent rights, detailing terms of use, royalties, and obligations under German patent and competition law.
Download
Copyright License
A German law-governed agreement that enables copyright holders to license their intellectual property rights to others while maintaining compliance with the Urheberrechtsgesetz.
Download
Trademark License
A German law-governed agreement granting rights to use a trademark under specific terms and conditions, complying with German trademark law and EU regulations.
Download
Perpetual Use License
German law-governed Perpetual Use License agreement granting permanent rights to use intellectual property with comprehensive usage terms and protections.
Download
Parking License Agreement
A German law agreement establishing terms for parking space usage, governed by the BGB and local regulations.
Download
Trademark Agreement
A German law-governed agreement regulating the licensing and use of trademarks between owners and licensees, compliant with German and EU trademark regulations.
Download
Technology License Agreement
A German law-governed agreement establishing terms for technology licensing between a licensor and licensee, incorporating German and EU legal requirements.
Download
Sublicensable License
A German law-governed agreement granting rights to use and sublicense intellectual property, with provisions for multi-tier licensing relationships.
Download
Simple Trademark License Agreement
A German law-governed agreement allowing the controlled use of trademarks by authorized licensees, establishing rights, obligations, and commercial terms.
Download
Simple License Agreement
A German law-governed agreement that enables the controlled licensing of intellectual property or proprietary assets from a licensor to a licensee.
Download
Short Term License Agreement
A German law-governed agreement for temporary licensing of intellectual property or technology, providing a structured framework for short-term IP usage rights.
Download
Sampling License
A German law-governed Sampling License agreement for legal use of copyrighted musical material, ensuring compliance with German copyright and moral rights requirements.
Download
Royalty License
A German law contract governing the licensing of intellectual property rights in exchange for royalty payments, complying with German civil and commercial law requirements.
Download
Royalty Bearing License
A German law-governed Royalty Bearing License agreement establishing terms for IP licensing and royalty payments between licensor and licensee.
Download
Room License Agreement
A German law-governed agreement establishing terms for temporary room occupation, providing flexibility while ensuring compliance with German civil code (BGB) requirements.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)