A Software License and Support Agreement is essential for organizations providing or acquiring software solutions with ongoing support services in the Netherlands. This document type is crucial when establishing a long-term relationship between software providers and users, combining both licensing rights and support obligations under Dutch law. It addresses key aspects such as software usage rights, technical support, maintenance, updates, service levels, and fee structures, while ensuring compliance with Dutch and EU regulations, including GDPR and consumer protection laws. The agreement is particularly relevant for business-to-business transactions where software is a critical component of operations and requires ongoing support and maintenance. It provides legal protection for both parties while establishing clear operational frameworks for software usage and support services.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the software, and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, Documentation, Support Services, Updates, etc.
4. License Grant: Scope of the license, including type (perpetual/term), territory, usage rights, and restrictions
5. License Fees: Payment terms, fee structure, payment schedule, and late payment consequences
6. Support Services: Description of support services, service levels, response times, and support hours
7. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims
8. Confidentiality: Protection of confidential information, obligations, and exceptions
9. Data Protection: GDPR compliance, data processing terms, and data security measures
10. Warranties: Software and service warranties, disclaimer of warranties, and warranty period
11. Liability and Indemnification: Limitation of liability, exclusions, and indemnification obligations
12. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations
13. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement
1. Hardware Requirements: Include when specific hardware is required to run the software, specifying minimum requirements and compatibility
2. Professional Services: Include when additional services like implementation, training, or consulting are offered
3. Service Level Agreement: Include for enterprise software or when specific performance metrics are guaranteed
4. Disaster Recovery: Include for business-critical software or when handling sensitive data
5. Third-Party Software: Include when the software incorporates third-party components or requires third-party licenses
6. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
7. Cloud Services: Include for SaaS solutions, covering hosting, availability, and cloud-specific terms
8. Export Control: Include when software may be subject to export control regulations
9. Implementation Services: Include when software requires professional implementation services
1. Schedule 1 - Software Description: Detailed description of the software, including modules, features, and functionality
2. Schedule 2 - Support Service Levels: Detailed support service levels, response times, and escalation procedures
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, support fees, and payment terms
4. Schedule 4 - Technical Requirements: Technical specifications, system requirements, and compatibility information
5. Schedule 5 - Processing Activities: Details of data processing activities for GDPR compliance
6. Schedule 6 - Maintenance Windows: Scheduled maintenance times and procedures
7. Appendix A - Authorized Users: Definition and listing of authorized users or user categories
8. Appendix B - Support Procedures: Detailed procedures for requesting and receiving support services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Government
Energy
Transportation
Media and Entertainment
Insurance
Real Estate
Construction
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Development
Technical Support
Sales
Operations
Risk Management
Product Management
Contract Administration
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Chief Information Officer
Contract Manager
IT Security Officer
Compliance Officer
Technical Support Manager
Account Executive
Sales Director
Product Manager
Solutions Architect
Business Development Manager
Operations Manager
Risk Manager
Software License Administrator
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