This Software License Subscription agreement template is designed for use in the German market, complying with German contract law and EU regulations, including GDPR. The document is primarily used when a software provider wishes to license their software on a subscription basis to customers, whether businesses or consumers. It covers essential aspects such as license scope, subscription terms, service levels, data protection, and support services. The agreement is structured to accommodate both cloud-based and on-premises software deployments, with particular attention to German legal requirements regarding contract formation, warranties, and consumer protection. This template should be customized based on the specific software solution, deployment model, and intended user base.
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1. Parties: Identification of contracting parties with full legal names and addresses
2. Background: Context of the agreement and brief description of the software solution
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license
5. Subscription Terms: Duration, renewal, and subscription-specific provisions
6. Fees and Payment: Pricing, payment terms, and invoicing procedures
7. Service Levels: Performance standards, availability, and support commitments
8. User Access and Authentication: Rules for user management and access control
9. Data Protection and Security: GDPR compliance and data security measures
10. Intellectual Property Rights: IP ownership, protection, and related warranties
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Software warranties and limitation of liability
13. Term and Termination: Contract duration, termination rights, and consequences
14. General Provisions: Standard legal clauses including governing law and jurisdiction
1. Professional Services: Include when implementation or consulting services are part of the agreement
2. Third-Party Software: Include when the solution incorporates third-party software components
3. High-Availability Requirements: Include for mission-critical applications requiring specific uptime guarantees
4. Disaster Recovery: Include when specific disaster recovery procedures are required
5. Export Control: Include when software is subject to export regulations
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Custom Development: Include when custom development services are part of the subscription
8. Training Services: Include when training services are part of the subscription package
1. Schedule 1 - Software Description: Detailed description of the software, modules, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Support Services: Support terms, processes, and response times
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Schedule 5 - Technical Requirements: Hardware and software requirements for using the solution
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details
7. Schedule 7 - Security Requirements: Security standards, protocols, and compliance requirements
8. Appendix A - Authorized Users: User categories and access rights definition
9. Appendix B - Acceptable Use Policy: Rules and restrictions for using the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Transportation
Energy
Insurance
Real Estate
Media and Entertainment
Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk & Compliance
Vendor Management
Enterprise Architecture
Operations
Finance
Data Protection
Relevant Roles
Chief Technology Officer
Chief Information Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Information Security Officer
Data Protection Officer
Contract Manager
Technology Procurement Specialist
Vendor Management Lead
Enterprise Architect
IT Operations Manager
Risk & Compliance Manager
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