This Simple Software License agreement is designed for use in the German market when a software provider wishes to grant usage rights to their software under German law. The document provides a streamlined framework for licensing arrangements, particularly suitable for standard software products where complex customization or service elements are not required. It incorporates essential provisions required under German legislation, including the Civil Code (BGB) and Copyright Act (UrhG), while maintaining clarity and usability. The agreement is particularly relevant for software companies seeking to license their products to German customers or international customers under German law, covering key aspects such as license scope, usage rights, intellectual property protection, and liability provisions. It's structured to be comprehensive enough for legal compliance while remaining accessible to non-legal stakeholders.
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1. Parties: Identification of 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
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. License Fees: Payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and IP protection measures
7. Licensee Obligations: User responsibilities and usage limitations
8. Term and Termination: Duration of license and termination conditions
9. Warranties and Liability: Warranty terms and limitation of liability under German law
10. Data Protection: GDPR compliance and data handling requirements
11. Confidentiality: Protection of confidential information
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Maintenance and Support: Terms for technical support and updates - include if ongoing support is offered
2. Third-Party Software: Terms regarding incorporated third-party components - include if relevant
3. Source Code Escrow: Source code deposit terms - include for business-critical applications
4. Service Levels: Performance metrics and standards - include for cloud/hosted software
5. Audit Rights: License compliance inspection rights - include for high-value enterprise licenses
6. Export Control: Export regulation compliance - include for international distribution
1. Software Description: Detailed technical specifications and functionality
2. License Fee Schedule: Detailed pricing structure and payment terms
3. Technical Requirements: Required hardware and software environment
4. Support Service Levels: Detailed support terms and response times
5. Authorized Users: List of permitted users or user categories
6. Data Processing Agreement: GDPR-compliant data processing terms if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Media and Entertainment
Government and Public Sector
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Commercial
Product Management
Risk Management
Vendor Management
Business Development
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
Software Licensing Specialist
Compliance Officer
Business Development Manager
Product Manager
Chief Information Officer
Commercial Director
Risk Manager
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