The Agreement of Use serves as a crucial legal instrument under Austrian jurisdiction for defining and regulating the terms under which one party may use assets, services, or facilities owned or controlled by another party. This document type is essential when establishing clear boundaries and conditions for usage rights, whether in a business-to-business or business-to-consumer context. The agreement incorporates mandatory provisions required by Austrian law, including the ABGB (Civil Code) and KSchG (Consumer Protection Act), while allowing for customization based on specific use cases. It typically addresses key aspects such as scope of use, duration, payment terms, maintenance responsibilities, and liability limitations. The Agreement of Use is particularly relevant in today's digital economy but equally applicable to physical assets and facilities, making it a versatile instrument for various business arrangements under Austrian law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and purpose of the usage rights being granted
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Use: Detailed description of permitted usage, limitations, and restrictions
5. Term and Termination: Duration of the agreement and conditions for termination
6. User Obligations: Responsibilities and commitments of the user
7. Provider Obligations: Responsibilities and commitments of the provider
8. Fees and Payment: Payment terms, fee structure, and billing arrangements if applicable
9. Intellectual Property: IP rights, ownership, and related restrictions
10. Warranty and Liability: Warranty terms and limitation of liability provisions
11. Data Protection: Privacy and data protection obligations under DSG and GDPR
12. Confidentiality: Obligations regarding confidential information
13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
14. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Service Level Agreement: For digital services requiring specific performance levels
2. Security Requirements: For agreements involving sensitive data or systems
3. Insurance: When specific insurance coverage is required
4. Audit Rights: For agreements requiring compliance monitoring
5. Export Control: For products or services subject to export regulations
6. Force Majeure: Specific provisions for unforeseen circumstances
7. Training and Support: When ongoing support or training is part of the usage rights
8. Regulatory Compliance: For heavily regulated industries or specific compliance requirements
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment terms
3. Schedule 3 - Service Levels: Detailed service level metrics and requirements
4. Schedule 4 - Acceptable Use Policy: Detailed rules and guidelines for acceptable use
5. Schedule 5 - Data Processing Agreement: Detailed terms for processing personal data
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Usage Locations: Approved locations or jurisdictions for use
8. Appendix C - Support Procedures: Detailed support and maintenance procedures
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