Proprietary Software Licence

Proprietary Software Licence Template for Denmark

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Document background

The Proprietary Software License Agreement is essential for organizations seeking to license their software products while maintaining control over their intellectual property. This document is used when a software owner (licensor) wants to grant specific usage rights to a customer (licensee) while retaining ownership and controlling how the software can be used. Under Danish law, this agreement must comply with both national legislation and EU regulations, making it suitable for domestic and international transactions. The agreement covers crucial aspects such as license scope, usage restrictions, fees, warranties, and compliance requirements. It's particularly important for software companies operating in Denmark or parties choosing Danish law as their governing law, as it incorporates specific requirements under the Danish legal framework while maintaining alignment with EU software licensing practices.

Suggested Sections

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

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', 'Licensed Users', etc.

4. Grant of License: Scope of the license grant, including type (e.g., perpetual/term-based), territory, and whether exclusive/non-exclusive

5. License Restrictions: Specific restrictions on use of the software, including prohibitions on reverse engineering, sublicensing, etc.

6. Intellectual Property Rights: Confirmation of ownership of IP rights and protection of licensor's rights

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

8. Licensee Obligations: Key obligations of the licensee including security measures and usage compliance

9. Warranties and Representations: Warranties provided for the software and disclaimer of warranties

10. Liability and Indemnification: Limitation of liability clauses and indemnification obligations

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

12. Confidentiality: Protection of confidential information exchanged under the agreement

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

Optional Sections

1. Data Protection: Required if the software processes personal data, ensuring GDPR compliance

2. Maintenance and Support: Include if maintenance and support services are part of the license agreement

3. Service Levels: Include if specific performance levels or uptime guarantees are provided

4. Audit Rights: Include for licenses where usage monitoring is important

5. Export Control: Required if the software is subject to export control regulations

6. Source Code Escrow: Include if source code escrow arrangements are part of the agreement

7. Training and Implementation: Include if the license includes training or implementation services

8. Third-Party Software: Required if the software incorporates third-party components

Suggested Schedules

1. Software Description: Detailed technical specifications and description of the licensed software

2. License Fees Schedule: Detailed breakdown of license fees, payment terms, and calculation methods

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

4. Service Level Agreement: Detailed performance metrics and service levels if applicable

5. Support and Maintenance Terms: Detailed description of support and maintenance services if included

6. Authorized Users: Definition and list of authorized users or user categories if applicable

7. Data Processing Terms: Detailed data processing terms and conditions if required for GDPR compliance

8. Security Requirements: Specific security requirements and protocols for software usage

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Licensing Agreement Terms

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Standard Use License

Simple Software License Agreement

Common Development And Distribution License

Intellectual Property License Agreement