The Trial License Agreement is essential for organizations seeking to provide temporary access to their software, technology, or proprietary assets while maintaining legal protection under Dutch law. This document is typically used when a potential customer or partner needs to evaluate a product before making a purchase decision or entering into a full commercial license agreement. The agreement addresses key aspects such as trial duration, usage restrictions, intellectual property protection, and liability limitations, while ensuring compliance with Dutch legal requirements and EU regulations such as GDPR. It serves as a critical risk management tool by clearly defining the boundaries of the trial relationship and protecting both parties' interests during the evaluation period. The document is particularly relevant in the Dutch business context, where software and technology companies often engage in proof-of-concept or trial arrangements before finalizing commercial relationships.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, nature of the trial license, and brief description of the software/product
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the trial license, including permitted uses and restrictions
5. Trial Period: Duration of the trial, start date, end date, and termination conditions
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Confidentiality: Protection of confidential information exchanged during the trial
8. User Obligations: Licensee's responsibilities and restrictions during the trial
9. No Warranty: Disclaimer of warranties for trial software
10. Limitation of Liability: Limitations on liability during the trial period
11. Termination: Grounds for termination and post-termination obligations
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Data Protection: Required if personal data is processed during the trial, addressing GDPR compliance
2. Support Services: Include if technical support is provided during the trial period
3. Feedback Rights: Include if the licensor wants rights to use licensee's feedback for improvement
4. Audit Rights: Include for trials involving sensitive IP or compliance requirements
5. Insurance: Include for high-risk trials or when required by regulatory compliance
6. Export Control: Include if the software is subject to export control regulations
7. Conversion to Commercial License: Include if there's an option to convert to a paid license
8. Third-Party Components: Include if the software contains third-party components requiring separate terms
1. Schedule 1 - Software Description: Detailed description of the trial software, including version numbers and components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - Permitted Users: List of authorized users or user categories for the trial
4. Schedule 4 - Support Services: Details of any support services provided during the trial (if applicable)
5. Appendix A - Acceptance Form: Form for formal acceptance of the trial license terms
6. Appendix B - Security Requirements: Security protocols and requirements for using the trial software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
SaaS/Cloud Services
Manufacturing
Healthcare Technology
Financial Technology
Educational Technology
Research & Development
Telecommunications
Professional Services
Biotechnology
Industrial Automation
Media & Entertainment
Retail Technology
Energy & Utilities
Relevant Teams
Legal
Sales
Business Development
Information Technology
Product Management
Procurement
Risk & Compliance
Information Security
Operations
Commercial
Research & Development
Customer Success
Technical Support
Relevant Roles
Legal Counsel
Contract Manager
Software Licensing Manager
Business Development Manager
Sales Director
Chief Technology Officer
Product Manager
Information Security Officer
Procurement Manager
Commercial Director
IP Rights Manager
Risk & Compliance Officer
Technical Account Manager
Operations Director
Chief Legal Officer
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