This document template is designed for commercial software licensing transactions under German law. The Software License Commercial Use agreement is essential when a software provider wants to grant commercial usage rights to business entities while maintaining ownership of the intellectual property. It incorporates specific requirements of German contract law, copyright law (Urheberrechtsgesetz), and data protection regulations (GDPR). The agreement is particularly suitable for enterprise software deployments, covering aspects from installation and usage rights to maintenance and support services. It includes provisions for liability limitations as permitted under German law, warranty terms aligned with German commercial practices, and specific clauses addressing software performance, updates, and user management. This template should be used when establishing a formal licensing relationship between software providers and commercial users in the German market or when German law is chosen as the governing law for international transactions.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, Licensed Users, etc.
4. Grant of License: Scope of the license, usage rights, and restrictions
5. License Fees and Payment: Financial terms, payment schedule, and consequences of non-payment
6. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
7. Licensee Obligations: Requirements and restrictions on use, security measures, and user management
8. Support and Maintenance: Terms for technical support, updates, and maintenance services
9. Warranties and Representations: Software performance guarantees and legal compliance warranties
10. Limitation of Liability: Scope of liability limitations under German law
11. Term and Termination: Duration, renewal terms, and termination conditions
12. Data Protection: GDPR compliance and data processing terms
13. Confidentiality: Protection of confidential information and trade secrets
14. General Provisions: Governing law, jurisdiction, entire agreement, and other standard clauses
1. Third-Party Software: Include when the software incorporates third-party components or dependencies
2. Professional Services: Include when additional implementation or consulting services are provided
3. Service Level Agreement: Include for software provided as a service (SaaS) or with specific performance requirements
4. Export Control: Include when software may be subject to international export restrictions
5. Source Code Escrow: Include when source code escrow arrangements are required
6. Audit Rights: Include for high-value licenses requiring usage verification
7. Training: Include when user training is part of the agreement
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed pricing structure, payment terms, and fee calculations
3. Schedule 3 - Support Services: Service level commitments, response times, and support procedures
4. Schedule 4 - Authorized Users: Definition of user categories and usage permissions
5. Appendix A - Technical Requirements: Hardware and software requirements for running the licensed software
6. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Enterprise Software
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Energy
Education
Logistics
Automotive
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Information Security
Risk Management
Vendor Management
Contract Administration
Technology Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Contract Manager
Chief Information Officer
Commercial Director
Head of Legal
IT Procurement Specialist
Software Asset Manager
Compliance Officer
Technology Procurement Officer
Legal Operations Manager
IT Security Manager
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