This Retail Software License agreement is designed for use in the German market where software providers distribute their products to individual consumers. It incorporates mandatory requirements under German civil law (BGB), EU consumer protection regulations, and digital content directives. The agreement is specifically structured to address B2C relationships, including mandatory withdrawal rights, warranty provisions, and clear terms regarding software usage, installation, and support. It should be used whenever software is licensed to retail customers in Germany, ensuring compliance with local consumer protection laws while protecting the software provider's intellectual property rights. The document includes provisions for digital delivery, data protection, and consumer dispute resolution as required under German law.
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1. Parties: Identification of the licensor (software company) and licensee (retail customer)
2. Background: Brief context of the agreement and software being licensed
3. Definitions: Key terms used throughout the agreement
4. License Grant: Scope and nature of the software license, including usage rights and restrictions
5. License Fee and Payment: Price, payment terms, and any recurring fees
6. Delivery and Installation: How the software will be delivered and installed
7. Usage Rights and Restrictions: Detailed terms of permitted use and restrictions
8. Intellectual Property Rights: Ownership of IP and protection of rights
9. Warranty and Liability: Warranty terms and limitation of liability under German law
10. Term and Termination: Duration of license and termination conditions
11. Right of Withdrawal: Consumer's right to withdraw from the contract as per EU law
12. Governing Law and Jurisdiction: Application of German law and jurisdiction
1. Data Protection: Required if the software processes personal data, addressing GDPR requirements
2. Maintenance and Support: Include if ongoing support services are offered
3. Updates and Upgrades: Include if the license includes rights to software updates
4. Third-Party Software: Required if the software incorporates third-party components
5. Export Controls: Include if the software is subject to export restrictions
6. Alternative Dispute Resolution: Information about ADR options for consumer disputes
7. Electronic Communication Consent: Include if communications will be primarily electronic
1. Software Description: Detailed description of the licensed software and its features
2. System Requirements: Technical requirements for running the software
3. Price List: Detailed pricing information including any optional features
4. Privacy Notice: Detailed privacy policy if personal data is processed
5. Support Service Levels: Details of support services if included in the license
Relevant legal definitions
Clauses
Relevant Industries
Software Development
Consumer Electronics
Digital Entertainment
E-commerce
Gaming
Productivity Software
Educational Technology
Mobile Applications
Creative Software
Business Applications
Financial Technology
Healthcare Technology
Relevant Teams
Legal
Sales
Product Management
Compliance
Customer Success
Software Development
Commercial Operations
Business Development
Privacy & Data Protection
Distribution
Technical Support
Relevant Roles
Legal Counsel
Software Licensing Manager
Product Manager
Sales Director
Compliance Officer
Privacy Officer
Customer Success Manager
Commercial Director
Business Development Manager
Digital Rights Manager
Contract Administrator
Software Development Manager
Chief Technology Officer
General Counsel
Retail Operations Manager
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