This Unlimited Software License Agreement template is designed for use under German law when a software provider wishes to grant permanent, unrestricted usage rights to their software. The agreement is particularly suitable for enterprise-level software deployments where the licensee requires long-term stability and predictability in their software usage rights. It incorporates all necessary elements required under German law, including compliance with the German Civil Code (BGB), Copyright Act (UrhG), and data protection regulations. The Unlimited Software License structure ensures that licensees have clear rights to use the software indefinitely, while protecting the licensor's intellectual property rights and establishing clear boundaries for software usage, modification, and distribution. The document includes comprehensive provisions for maintenance, support, warranties, and liability limitations, tailored to meet German legal requirements and business practices.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Detailed description of the license scope, rights granted, and usage permissions
5. License Restrictions: Specific limitations and prohibited uses of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Delivery and Installation: Terms regarding software delivery, installation, and implementation
8. Acceptance: Criteria and process for software acceptance
9. Maintenance and Support: Terms of ongoing maintenance and technical support
10. Fees: License fees, payment terms, and any recurring charges
11. Warranties: Warranties provided for the software and disclaimer of warranties
12. Liability: Limitation of liability and indemnification provisions
13. Term and Termination: Duration of agreement and termination conditions
14. Data Protection: GDPR compliance and data processing terms
15. Confidentiality: Protection of confidential information
16. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.
1. Source Code Escrow: Terms for source code escrow arrangement, used when source code access might be needed in specific circumstances
2. Training: Terms for user training services, included when training is part of the agreement
3. Implementation Services: Details of implementation services, used when the licensor provides installation and setup services
4. Service Levels: Service level commitments and penalties, used for business-critical software
5. Third-Party Software: Terms regarding third-party components, used when the software includes third-party elements
6. Export Controls: Export compliance terms, used for international licensing
7. Audit Rights: Software usage audit provisions, used for complex enterprise licenses
1. Software Description: Detailed technical specifications and functionality of the software
2. License Metrics: Detailed description of how software usage is measured and calculated
3. Maintenance and Support Services: Detailed description of support levels, response times, and maintenance services
4. Fee Schedule: Detailed breakdown of all fees and payment terms
5. Technical Requirements: Hardware and software requirements for running the licensed software
6. Implementation Plan: Timeline and milestones for software implementation
7. Data Processing Agreement: GDPR-compliant data processing terms and details
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
Automotive
Energy
Media and Entertainment
Insurance
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Information Security
Compliance
Operations
Risk Management
Finance
Engineering
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Enterprise Architect
Information Security Officer
Contracts Manager
Chief Information Officer
Compliance Officer
Technical Project Manager
Software Asset Manager
Legal Operations Manager
IT Operations Manager
Chief Legal Officer
VP of Engineering
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