The Software License Reseller Agreement is essential for software companies looking to expand their distribution channels in Austria and potentially other territories. This document is specifically designed to comply with Austrian legal requirements, including the Austrian Commercial Code (UGB) and Commercial Agents Act (HVertrG), while also addressing EU-wide regulations such as GDPR. It establishes the legal and commercial framework for software distribution, defining the relationship between the software owner and reseller, including rights granted, territorial limitations, pricing structures, and compliance requirements. The agreement is particularly important for software companies utilizing indirect sales channels, ensuring proper protection of intellectual property rights while enabling effective market penetration through authorized resellers.
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1. Parties: Identification of the Licensor (software owner) and Reseller, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including brief description of the software and the parties' intention to enter into a reseller arrangement
3. Definitions: Key terms used throughout the agreement, including Software, Territory, End Users, License Fees, etc.
4. Appointment and Scope: Terms of reseller appointment, whether exclusive or non-exclusive, and defined territory
5. Grant of Rights: Specific rights granted to reseller, including right to market, distribute and sub-license the software
6. Reseller Obligations: Key responsibilities including marketing, reporting, minimum purchase commitments, and compliance with licensor's policies
7. Licensor Obligations: Support, training, and marketing assistance provided by the licensor
8. Financial Terms: Pricing, payment terms, currency, taxes, and commission structure
9. Intellectual Property Rights: Protection of licensor's IP, permitted use of trademarks, and handling of infringement
10. Confidentiality: Protection of confidential information exchanged between parties
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Post-Termination: Obligations and rights after agreement ends
14. General Provisions: Standard clauses including governing law, dispute resolution, force majeure, and notices
1. Marketing and Promotion: Detailed marketing requirements and commitments - include when specific marketing obligations are crucial
2. Service Level Agreement: Specific performance metrics and support levels - include when providing detailed technical support
3. Audit Rights: Right to audit reseller's records and compliance - include for high-value or complex arrangements
4. Insurance: Insurance requirements - include when dealing with enterprise software or high-risk applications
5. Source Code Escrow: Source code protection arrangements - include for enterprise-level agreements
6. Anti-Corruption: Specific anti-corruption provisions - include when dealing with public sector or high-risk territories
7. Change Control: Procedures for managing changes to software - include for complex or customizable software
8. Professional Services: Additional services beyond basic reselling - include when reseller provides implementation or customization services
1. Software Description: Detailed description of software products covered by the agreement
2. License Terms: Standard end-user license terms that reseller must incorporate in sub-licenses
3. Territory Definition: Detailed description of geographical or market territory covered
4. Commission Structure: Detailed breakdown of commission rates and calculation methods
5. Service Level Requirements: Technical support and service level specifications
6. Trademark Usage Guidelines: Rules and guidelines for using licensor's trademarks and branding
7. Minimum Performance Requirements: Specific sales targets and performance metrics
8. Technical Requirements: Technical specifications and requirements for reselling the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Enterprise Software
Cloud Services
Digital Solutions
E-commerce
Systems Integration
Business Software
Technology Consulting
Software as a Service (SaaS)
Value-Added Services
Technology Retail
Relevant Teams
Legal
Sales
Business Development
Channel Management
Partner Relations
Compliance
Commercial Operations
Software Distribution
Contract Administration
Partner Management
Revenue Operations
Licensing Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
Commercial Director
Sales Director
Channel Manager
Business Development Manager
Software Licensing Manager
Partner Relations Manager
Compliance Officer
Contract Manager
Partnership Director
Distribution Manager
Regional Sales Manager
Software Sales Executive
Legal Operations Manager
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