This Paid Software License Agreement template is designed for use under German law when a software provider (Licensor) wishes to grant commercial usage rights to their software while maintaining ownership of the intellectual property. The document is particularly relevant for software companies operating in Germany or parties choosing German law as their governing law. It includes comprehensive provisions covering license scope, usage rights, maintenance terms, warranties, and liability limitations, all structured to comply with German legal requirements including the Civil Code (BGB), Copyright Act (UrhG), and data protection regulations. The agreement is suitable for both perpetual and term-based licensing arrangements and can be customized based on the specific software product, intended use, and commercial terms agreed between the parties.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. License Grant: Scope of the license, including type (perpetual/term), territory, and permitted use
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. License Fees: Payment terms, fee structure, and payment schedule
8. Intellectual Property Rights: Ownership of IP rights and protection measures
9. Warranties: Software performance warranties and disclaimers in accordance with German law
10. Support and Maintenance: Basic support obligations and maintenance terms
11. Term and Termination: Duration of agreement and termination rights
12. Data Protection: GDPR compliance and data processing terms
13. Confidentiality: Protection of confidential information
14. Liability: Limitation of liability provisions compliant with German law
15. Final Provisions: Governing law, jurisdiction, and general boilerplate provisions
1. Third-Party Software: Include when the software incorporates third-party components or open-source software
2. Service Levels: Include when specific performance metrics and service levels are guaranteed
3. Security Requirements: Include when software handles sensitive data or requires specific security measures
4. Audit Rights: Include when licensor requires rights to audit licensee's use of software
5. Export Control: Include when software is subject to export control regulations
6. Training: Include when training services are part of the agreement
7. Custom Development: Include when agreement covers custom modifications or development
8. Disaster Recovery: Include when business continuity requirements are critical
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed fee structure, payment schedule, and pricing terms
3. Schedule 3 - Support Services: Detailed support and maintenance terms, including SLAs if applicable
4. Schedule 4 - Technical Requirements: System requirements and technical specifications for operation
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable
6. Appendix A - Authorized Users: Definition and limitations of authorized user categories
7. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Education
Retail
Professional Services
Telecommunications
Government
Automotive
Insurance
Banking
E-commerce
Digital Services
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Commercial
Sales
Business Development
Contract Management
Risk Management
Product Management
Vendor Management
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
Chief Technology Officer
IT Director
Procurement Manager
Software Development Manager
Commercial Director
Compliance Officer
Chief Information Officer
Legal Operations Manager
Business Development Manager
Sales Director
Software Asset Manager
Chief Legal Officer
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