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Perpetual Use License Template for Austria

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Key Requirements PROMPT example:

Perpetual Use License

"I need a Perpetual Use License agreement under Austrian law for enterprise software to be licensed to multiple corporate entities within our group, including source code escrow provisions and GDPR compliance requirements, with implementation to begin March 2025."

Document background
This Perpetual Use License agreement is designed for situations where a permanent, indefinite right to use intellectual property, software, or technology is being granted under Austrian law. The document is particularly suitable for significant licensing transactions where the licensee requires guaranteed long-term access to the licensed material, typically in exchange for a one-time fee. It includes provisions required under Austrian legislation, including the Austrian Civil Code (ABGB), Copyright Act, and where applicable, consumer protection laws and GDPR requirements. The agreement provides comprehensive coverage of license scope, usage rights, technical requirements, and risk allocation, while ensuring compliance with Austrian contract law principles. This type of agreement is commonly used in software licensing, technology transfers, and content licensing where perpetual rights are being granted.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal details

2. Background: Context of the agreement and description of the licensed material

3. Definitions: Key terms used throughout the agreement including 'Licensed Material', 'Intellectual Property Rights', 'Territory', etc.

4. Grant of License: Scope of the perpetual license, including usage rights and any restrictions

5. License Fee: One-time payment terms and conditions for the perpetual license

6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

7. Licensee Obligations: Core obligations including permitted use, security measures, and compliance requirements

8. Technical Support and Updates: Terms regarding ongoing support and access to updates (if any)

9. Warranties and Representations: Standard warranties regarding ownership, non-infringement, and performance

10. Limitation of Liability: Limitations and exclusions of liability under Austrian law

11. Termination: Grounds for termination despite perpetual nature (e.g., material breach)

12. Effects of Termination: Consequences of termination and surviving provisions

13. Governing Law and Jurisdiction: Confirmation of Austrian law and jurisdiction

14. General Provisions: Standard boilerplate including severability, entire agreement, and amendments

Optional Sections

1. Data Protection: Required if the licensed material involves processing of personal data under GDPR

2. Source Code Escrow: Optional for software licenses where source code access might be needed

3. Export Control: Required if the licensed material is subject to export control regulations

4. Maintenance Services: Optional section for defining any ongoing maintenance services

5. Third Party Rights: Required if the licensed material incorporates third-party components

6. Insurance: Optional requirements for insurance coverage

7. Assignment and Sublicensing: Optional if specific transfer rights need to be addressed

8. Audit Rights: Optional rights for licensor to audit licensee's use of the licensed material

Suggested Schedules

1. Schedule 1 - Licensed Material: Detailed description of the licensed material, including version numbers and specifications

2. Schedule 2 - Technical Requirements: Technical specifications and requirements for using the licensed material

3. Schedule 3 - License Fee: Detailed breakdown of the license fee and payment terms

4. Schedule 4 - Support and Maintenance: Details of any support and maintenance services if provided

5. Appendix A - Authorized Users: If applicable, definition and list of authorized users or user categories

6. Appendix B - Territory: Detailed description of the geographic territory where the license can be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses





















Relevant Industries

Software & Technology

Digital Media & Entertainment

Manufacturing

Healthcare & Life Sciences

Financial Services

Telecommunications

Education

Professional Services

Gaming & Interactive Entertainment

Research & Development

Relevant Teams

Legal

Procurement

Information Technology

Intellectual Property

Compliance

Commercial

Software Development

Product Management

Business Development

Risk Management

Relevant Roles

Legal Counsel

Contracts Manager

Intellectual Property Manager

Software Licensing Manager

Chief Technology Officer

Chief Legal Officer

Procurement Manager

Commercial Director

IP Rights Administrator

Technology Transfer Officer

General Counsel

Business Development Manager

Software Asset Manager

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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