The Software License And Support Agreement is essential for companies providing or acquiring software solutions in the German market. This document is typically used when a software provider wants to license their software product and provide ongoing support services to customers while ensuring compliance with German legal requirements. It combines licensing terms with support obligations, covering aspects such as installation, maintenance, updates, and technical support. The agreement must comply with German contract law principles, particularly the Civil Code (BGB), standard business terms regulations (AGB-Recht), and data protection requirements under GDPR. It's crucial for establishing clear rights, responsibilities, and liability limitations while meeting the strict requirements of German commercial and IT contract law.
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1. Parties: Identification and details of the contracting parties (Licensor and Licensee)
2. Background: Context of the agreement and brief description of the software and support services
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Support Services: Description of support services, service levels, and response times
7. Support Fees: Fees for support services and payment terms
8. Intellectual Property Rights: Protection of IP rights and ownership declarations
9. Warranties and Representations: Warranties regarding software functionality and support services
10. Liability and Limitations: Liability provisions compliant with German law
11. Term and Termination: Duration of agreement and termination provisions
12. Data Protection: GDPR compliance and data processing terms
13. Confidentiality: Protection of confidential information
14. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Third-Party Software: Required when the software includes third-party components, detailing associated terms and licenses
2. Professional Services: Include when additional implementation or consulting services are offered
3. Service Level Agreement: Required for enterprise-level agreements with specific performance metrics
4. Escrow Provisions: Include when source code escrow arrangements are required
5. Export Control: Required when software may be subject to export restrictions
6. Disaster Recovery: Include for business-critical software implementations
7. Audit Rights: Include when license compliance monitoring is required
8. Training Services: Required when user training is part of the agreement
1. Schedule 1 - Software Description: Detailed description of the licensed software and its components
2. Schedule 2 - Support Services Description: Detailed specification of support services and service levels
3. Schedule 3 - Fee Schedule: Detailed breakdown of license and support fees
4. Schedule 4 - Technical Requirements: Software technical specifications and system requirements
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Service Level Metrics: Detailed service level commitments and measurements
7. Appendix A - Authorized Users: Definition and limitations of authorized software users
8. Appendix B - Support Escalation Procedures: Detailed support escalation process and contact information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Automotive
E-commerce
Insurance
Banking
Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Vendor Management
Contract Management
Information Security
Technical Support
Operations
Risk Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Contract Manager
Chief Information Officer
Head of Legal
IT Procurement Specialist
Vendor Management Officer
Software Asset Manager
Chief Legal Officer
Technical Account Manager
IT Operations Manager
Compliance Officer
Commercial Director
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