Software Subscription Agreement

Software Subscription Agreement Template for Denmark

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Document background

The Software Subscription Agreement is essential for businesses providing or subscribing to software services under Danish jurisdiction. This document type has become increasingly important with the shift from traditional software licensing to subscription-based SaaS models. It should be used when establishing a recurring relationship for software service delivery, whether for cloud-based applications, platform services, or regularly updated software products. The agreement addresses critical elements required under Danish and EU law, including GDPR compliance, consumer protection, and e-commerce regulations. It covers essential aspects such as service levels, support obligations, data processing terms, and intellectual property rights, while incorporating specific Danish legal requirements and business practices. This agreement type is particularly relevant for Danish companies or international organizations operating in Denmark who need to ensure their software subscription services comply with local legal frameworks.

Suggested Sections

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

2. Background: Context of the agreement and brief description of the software service being provided

3. Definitions: Key terms used throughout the agreement, including technical terms, service levels, and subscription-specific terminology

4. Subscription Grant: Scope of the subscription, license terms, and usage rights granted to the customer

5. Subscription Term and Renewal: Duration of the subscription, renewal terms, and termination notice periods

6. Fees and Payment: Subscription costs, payment terms, billing cycles, and late payment consequences

7. Service Levels and Support: Performance standards, availability commitments, and support services provided

8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

9. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations

10. Intellectual Property Rights: Ownership of IP, restrictions on use, and protection of proprietary rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Disclaimers: Service warranties, performance guarantees, and limitation of warranties

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. Term and Termination: Agreement duration, termination rights, and consequences of termination

15. General Provisions: Standard legal provisions including governing law, dispute resolution, and assignment rights

Optional Sections

1. Professional Services: Include when additional implementation, customization, or consulting services are provided

2. Service Credits: Include when offering financial compensation for service level failures

3. Disaster Recovery: Include for business-critical applications requiring specific recovery commitments

4. Security Requirements: Include when specific security standards or certifications are required

5. Audit Rights: Include when customer requires rights to audit service provider's compliance or security

6. Insurance Requirements: Include for enterprise customers requiring specific insurance coverage

7. Sub-processors: Include when third-party processors will be used for data processing

8. Source Code Escrow: Include when source code escrow arrangements are required

9. Training and Documentation: Include when specific training or documentation deliverables are part of the subscription

Suggested Schedules

1. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and service credit calculations

2. Data Processing Agreement: Detailed GDPR-compliant data processing terms and obligations

3. Technical Specifications: Detailed description of the software functionality and technical requirements

4. Support Services Description: Detailed support levels, response times, and escalation procedures

5. Pricing Schedule: Detailed pricing tiers, volume discounts, and additional service fees

6. Security Policy: Detailed security measures, protocols, and compliance requirements

7. Acceptable Use Policy: Detailed rules and restrictions for use of the software service

8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures

9. Service Implementation Plan: Timeline and milestones for service implementation and go-live

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