The Software Partnership Agreement is a crucial document for entities seeking to formalize their collaboration in the software industry under Austrian jurisdiction. It is particularly relevant when two or more companies wish to combine their expertise, resources, or market presence in software-related ventures. This agreement addresses key aspects such as IP rights allocation, revenue sharing mechanisms, operational responsibilities, and compliance with Austrian and EU regulations (including GDPR and software licensing laws). The document is essential for partnerships involving software development, distribution, implementation, or maintenance, providing a clear framework for both technical and commercial collaboration while ensuring legal compliance with Austrian civil and commercial codes. It's commonly used for joint ventures, strategic alliances, or development partnerships in the software sector.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the partnership, including the purpose and objectives of the collaboration
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Partnership Structure: Legal form of partnership, roles, and responsibilities of each partner
5. Scope of Collaboration: Detailed description of the software products/services covered and partnership activities
6. Intellectual Property Rights: Ownership, licensing, and usage rights of software and related IP
7. Financial Terms: Revenue sharing, costs, expenses, and payment terms
8. Operational Requirements: Day-to-day operations, decision-making processes, and management structure
9. Representations and Warranties: Partners' assertions regarding their capacity, rights, and compliance
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Data Protection: GDPR compliance and data handling requirements
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
14. General Provisions: Standard legal clauses including notices, amendments, and severability
1. Marketing and Promotion: Terms for joint marketing activities and brand usage - include if partners plan joint marketing
2. Service Level Agreement: Specific performance metrics and service standards - include for operational software
3. Third-Party Integration: Terms for integration with third-party software - include if relevant to the partnership
4. Training and Support: Requirements for technical training and ongoing support - include for complex software
5. Insurance: Insurance requirements and coverage - include for high-risk projects
6. Export Control: Export control compliance - include for international operations
7. Source Code Escrow: Source code custody arrangements - include for critical software
8. Non-Competition: Restrictions on competitive activities - include if partners request exclusivity
1. Schedule A - Software Specifications: Detailed technical specifications of the software
2. Schedule B - Development Milestones: Timeline and deliverables for software development
3. Schedule C - Financial Model: Detailed revenue sharing calculations and financial projections
4. Schedule D - Service Levels: Detailed performance metrics and service standards
5. Schedule E - Support Services: Description of support and maintenance services
6. Schedule F - Licensed IP: List of licensed intellectual property and usage terms
7. Appendix 1 - Contact Details: Key contact information for all parties
8. Appendix 2 - Technical Requirements: Detailed technical requirements and specifications
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