On Premise Software License Agreement

On Premise Software License Agreement Template for Denmark

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Document background

The On Premise Software License Agreement is a crucial legal document used when a software vendor wishes to license their software product for installation and use on a customer's local infrastructure under Danish law. This agreement is essential for businesses that prefer to host software on their own servers rather than using cloud-based solutions, whether for security, compliance, or operational reasons. The document comprehensively covers license grants, usage restrictions, intellectual property rights, warranties, and support terms, while ensuring compliance with Danish contract law and relevant EU regulations such as GDPR. It's particularly important for enterprise software deployments where clear terms of use, liability limitations, and technical requirements need to be precisely defined.

Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the software product

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Scope of the license, including type (non-exclusive), territory, and permitted use

5. License Restrictions: Specific prohibitions and limitations on software use

6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria

7. License Fees: Payment terms, fee structure, and payment schedule

8. Intellectual Property Rights: Ownership of IP rights and protection of proprietary rights

9. Warranties and Representations: Standard warranties regarding software functionality and performance

10. Limitation of Liability: Limitations and caps on liability in compliance with Danish law

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Confidentiality: Protection of confidential information exchanged between parties

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Maintenance and Support: Terms for ongoing support and maintenance if offered separately from the main license

2. Service Levels: Performance standards and metrics if specific service levels are guaranteed

3. Audit Rights: Rights to audit licensee's use of software, typically included for enterprise customers

4. Data Processing: Required if the software processes personal data, ensuring GDPR compliance

5. Third-Party Software: Terms regarding third-party components if the software includes such elements

6. Export Control: Necessary for software subject to export regulations

7. Source Code Escrow: Terms for source code escrow arrangements, typically for mission-critical applications

8. Training and Documentation: Terms regarding user training and documentation if provided as part of the license

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specifications and functionality of the licensed software

2. Schedule B - License Fees: Detailed breakdown of license fees, payment terms, and pricing structure

3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications for software operation

4. Schedule D - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance terms if included

5. Schedule E - Service Level Agreement: Detailed performance metrics and service levels if applicable

6. Appendix 1 - Authorized Users: Definition and list of authorized users or user categories

7. Appendix 2 - Approved Locations: List of approved locations where software may be installed and used

8. Appendix 3 - Data Processing Agreement: GDPR-compliant data processing terms if applicable

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