The Customer License Agreement is a critical legal document used when software providers want to license their software products to customers in Austria. It establishes the legal framework for the software's use, incorporating specific requirements under Austrian law and EU regulations. This agreement is essential for software companies operating in Austria, as it must comply with the Austrian Civil Code (ABGB), Consumer Protection Act (KSchG), and GDPR requirements. The document covers license scope, usage rights, fees, support services, data protection, and dispute resolution. It's particularly important as it needs to balance the software provider's intellectual property rights with mandatory consumer protections under Austrian law, while ensuring clarity and enforceability in both B2B and B2C contexts.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement and brief description of the software/product being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, permitted uses, and restrictions
5. License Fees and Payment: Payment terms, fee structure, and payment methods
6. Term and Termination: Duration of the agreement and termination conditions
7. User Obligations: Customer's responsibilities and usage restrictions
8. Intellectual Property Rights: Protection of IP rights and ownership declarations
9. Data Protection and Privacy: GDPR compliance and data handling procedures
10. Warranty and Liability: Warranty terms and limitation of liability provisions
11. Support and Maintenance: Terms for technical support and software updates
12. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction details
1. Service Level Agreement: Include when specific performance metrics and service levels are guaranteed
2. Third-Party Components: Include when the software contains third-party elements requiring separate terms
3. Export Controls: Include when the software is subject to export restrictions
4. Professional Services: Include when additional professional services are offered
5. High-Risk Activities: Include when software usage needs to be restricted from critical or high-risk applications
6. Audit Rights: Include for enterprise customers where usage monitoring is required
7. Insurance Requirements: Include when specific insurance coverage is required from either party
1. Schedule A - Licensed Software: Detailed description of the licensed software and components
2. Schedule B - Fee Schedule: Detailed breakdown of license fees and payment terms
3. Schedule C - Service Level Terms: Specific service levels and performance metrics
4. Schedule D - Support Services: Detailed support and maintenance procedures
5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Appendix 1 - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix 2 - Acceptable Use Policy: Detailed rules for acceptable use of the software
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