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Software Sales Contract Template for Austria

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Key Requirements PROMPT example:

Software Sales Contract

"I need a Software Sales Contract for selling our enterprise resource planning software to an Austrian manufacturing company, including provisions for customization services and a 3-year maintenance agreement starting March 2025."

Document background
The Software Sales Contract is a vital legal instrument used when a software vendor sells and licenses software products to businesses or consumers under Austrian jurisdiction. This document is essential for protecting both parties' interests in software transactions, ensuring clear definition of rights, responsibilities, and expectations. It covers critical elements such as software specifications, license scope, implementation requirements, warranties, and support terms, while ensuring compliance with Austrian legal requirements including the ABGB (Civil Code), UGB (Commercial Code), and EU regulations such as GDPR. The contract is particularly important in today's digital economy where software transactions form a significant part of business operations, and legal clarity is essential for risk management and successful business relationships.
Suggested Sections

1. Parties: Identification of the contracting parties - seller and purchaser, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Defined terms used throughout the agreement, including technical terms specific to the software

4. Subject Matter of the Contract: Detailed description of the software being sold and scope of the sale

5. License Grant: Terms of the software license, including scope of use, restrictions, and user limitations

6. Delivery and Installation: Terms regarding software delivery method, installation requirements, and timeline

7. Acceptance Testing: Procedures for testing and accepting the software, including acceptance criteria

8. Price and Payment Terms: Purchase price, payment schedule, and payment methods

9. Intellectual Property Rights: Confirmation of ownership and IP rights in the software

10. Warranties: Warranties regarding software functionality, performance, and compliance with specifications

11. Liability and Limitation of Liability: Extent and limitations of seller's liability under Austrian law

12. Term and Termination: Duration of the agreement and grounds for termination

13. Data Protection: GDPR compliance and data processing terms

14. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Maintenance and Support: Include when ongoing maintenance and support services are part of the sale

2. Source Code Escrow: Include when source code is to be held in escrow for business continuity purposes

3. Training: Include when user training is part of the sale package

4. Custom Development: Include when the sale includes customization of the software

5. Third-Party Software: Include when the software incorporates third-party components

6. Export Control: Include for international sales or when software is subject to export restrictions

7. Service Level Agreement: Include when specific performance levels are guaranteed

8. Audit Rights: Include when seller requires rights to audit usage compliance

Suggested Schedules

1. Software Specification: Detailed technical specifications of the software

2. Price List: Detailed breakdown of pricing including any optional modules

3. Acceptance Test Criteria: Detailed acceptance testing procedures and success criteria

4. Service Level Agreement: Detailed performance metrics and service levels

5. Implementation Plan: Timeline and milestones for software delivery and implementation

6. Technical Requirements: Hardware and system requirements for the software

7. Support and Maintenance Terms: Detailed terms of support and maintenance services

8. Data Processing Agreement: Detailed terms for GDPR compliance and data processing

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

Information Technology

Software Development

Technology Services

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

E-commerce

Digital Services

Cloud Computing

Enterprise Software

Relevant Teams

Legal

Information Technology

Procurement

Sales

Commercial

Risk Management

Compliance

Software Development

Product Management

Contract Administration

Business Development

Operations

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Sales Manager

Contract Manager

Business Development Manager

Software Licensing Manager

Commercial Director

Chief Information Officer

Legal Operations Manager

Technology Procurement Specialist

Software Asset Manager

IT Procurement Officer

Compliance Officer

Risk Manager

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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