This Floating Software License agreement is designed for organizations requiring flexible, network-based software licensing solutions under Dutch law. It is particularly suitable when multiple users need to share access to software applications, but not all users require simultaneous access. The agreement covers essential aspects such as concurrent user limits, license server requirements, usage monitoring, and compliance mechanisms. It includes provisions for technical implementation, user authentication, reporting requirements, and service level commitments. This document ensures compliance with relevant Dutch legislation, including the Dutch Civil Code, Copyright Act, and EU regulations such as GDPR. The floating license model allows organizations to optimize software investments by purchasing licenses based on concurrent usage rather than individual user assignments.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement and brief description of the software and floating license concept
3. Definitions: Definitions of key terms including 'Concurrent Users', 'License Server', 'Network', 'Authorized Users', and other technical terms
4. License Grant: Scope of license, concurrent user limits, and usage restrictions
5. Technical Requirements: Specifications for license server setup, network requirements, and monitoring systems
6. Implementation and Access: Process for implementing the license server, user authentication, and access protocols
7. Usage Monitoring and Reporting: Methods for tracking concurrent usage, generating reports, and compliance verification
8. License Fees and Payment: Pricing structure, payment terms, and any usage-based fee calculations
9. Support and Maintenance: Terms for technical support, updates, and maintenance services
10. Data Protection and Security: GDPR compliance measures and security requirements for user data
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices
1. Professional Services: Terms for additional implementation or consulting services, used when professional services are part of the deal
2. High Availability Setup: Requirements for redundant license servers, needed for enterprise-level agreements
3. Disaster Recovery: Procedures for license server failure and recovery, important for business-critical applications
4. Geographic Restrictions: Terms for geographic limitations on license server location and user access, needed for region-specific licensing
5. Third-Party Integration: Terms for integration with other software systems, included when relevant
6. Custom Development: Terms for any custom modifications to the license management system
7. Service Level Agreement: Specific performance metrics and service levels, included for enterprise customers
8. Compliance Audit Rights: Detailed audit procedures, typically included for high-value licenses
1. Schedule 1 - Technical Specifications: Detailed technical requirements for license server, network configuration, and client setup
2. Schedule 2 - Licensed Software: Detailed description of software modules covered by the floating license
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, including any variable pricing based on usage
4. Schedule 4 - Service Level Terms: Support response times, maintenance windows, and service level metrics
5. Schedule 5 - Security Requirements: Detailed security protocols and requirements for license server operation
6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software usage
7. Appendix B - Support Process: Step-by-step procedures for accessing technical support
8. Appendix C - Reporting Templates: Standard formats for usage reports and compliance documentation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Engineering & Design
Financial Services
Manufacturing
Education
Healthcare
Professional Services
Research & Development
Architecture
Media & Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Infrastructure
Software Asset Management
Vendor Management
Enterprise Architecture
Finance
Compliance
Relevant Roles
Chief Technology Officer
IT Director
Software Procurement Manager
Legal Counsel
Contract Manager
Software Asset Manager
IT Infrastructure Manager
Information Security Officer
Systems Administrator
Network Administrator
Procurement Director
Software Licensing Specialist
Enterprise Architect
Chief Information Officer
Vendor Management Director
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