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Platform License Agreement for Germany

Platform License Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions under which a software platform provider grants access and usage rights to a customer. The agreement covers essential aspects including licensing scope, user access, data protection (GDPR compliance), service levels, maintenance, support, fees, and liability limitations. It incorporates specific requirements of German contract law, IT regulations, and EU data protection requirements, while addressing technical specifications, security measures, and operational procedures for platform usage.

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Platform License Agreement

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What is a Platform License Agreement?

The Platform License Agreement serves as the primary legal framework for software platform providers operating under German law to grant customers access to their digital platforms. This document is essential when a provider wishes to license their platform while maintaining ownership and control over the intellectual property. It addresses critical aspects required under German and EU law, including GDPR compliance, consumer protection requirements, and specific IT regulations. The agreement typically includes detailed provisions for platform access, usage rights, service levels, support obligations, data protection measures, and liability limitations. It's particularly important for Software-as-a-Service (SaaS) providers and other platform operators who need to establish clear terms of use while ensuring compliance with German legal requirements.

What sections should be included in a Platform License Agreement?

1. Parties: Identification of the licensor and licensee with full legal details

2. Background: Context of the agreement and brief description of the platform

3. Definitions: Defined terms including Platform, Services, Users, Intellectual Property Rights, etc.

4. Grant of License: Scope of license, usage rights, and restrictions

5. Access and Authentication: User access provisions, authentication requirements, and security measures

6. Platform Availability and Support: Service levels, maintenance, and technical support obligations

7. Licensee Obligations: Requirements for platform use, user management, and compliance

8. Fees and Payment: License fees, payment terms, and billing procedures

9. Intellectual Property Rights: IP ownership, protection, and infringement provisions

10. Data Protection: GDPR compliance, data processing terms, and privacy requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration, renewal, and termination provisions

13. Limitation of Liability: Liability caps and exclusions in compliance with German law

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. General Provisions: Standard boilerplate including notices, assignment, and governing law

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

1. API Access and Integration: Required if the platform offers API integration capabilities

2. White Labeling: Include if the platform can be white-labeled by the licensee

3. Revenue Sharing: Necessary if the business model includes revenue sharing components

4. Reseller Rights: Include if the licensee has rights to resell or sublicense the platform

5. Professional Services: Required if implementation or consulting services are included

6. Content Licensing: Include if the platform includes licensed content

7. Insurance Requirements: Add for high-risk or regulated industry applications

8. Compliance with Industry Standards: Include for platforms in regulated industries (e.g., healthcare, finance)

What schedules should be included in a Platform License Agreement?

1. Schedule 1 - Platform Description: Detailed technical specifications and functionality of the platform

2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and support terms

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and specifications

5. Schedule 5 - Acceptable Use Policy: Rules and restrictions for platform usage

6. Schedule 6 - Security Requirements: Technical and organizational security measures

7. Schedule 7 - Support and Maintenance Services: Detailed support procedures and maintenance schedule

8. Appendix A - Authorized Users: Categories and numbers of permitted users

9. Appendix B - Integration Specifications: Technical requirements for platform integration

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

E-commerce

Financial Services

Healthcare

Manufacturing

Professional Services

Education

Retail

Telecommunications

Media and Entertainment

Logistics

Real Estate

Insurance

Automotive

Energy

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Finance

Operations

Product Management

Vendor Management

Relevant Roles

Chief Technology Officer

Head of Legal

IT Director

Chief Information Officer

Data Protection Officer

Procurement Manager

Contract Manager

Software Licensing Manager

Legal Counsel

Information Security Manager

Chief Digital Officer

Vendor Management Director

Corporate Counsel

Technology Procurement Specialist

Compliance Officer

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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