The Technology Development Agreement is essential for projects involving custom technology development in Austria. It is specifically designed to comply with Austrian civil law and EU regulations while providing a robust framework for technology development relationships. This agreement is typically used when a client engages a technology provider to develop custom software, hardware, or other technological solutions. The document addresses critical aspects including project scope, development methodology, intellectual property rights, data protection (particularly GDPR compliance), confidentiality, and risk allocation. It includes specific provisions required under Austrian law regarding warranty obligations, liability limitations, and dispute resolution, while also incorporating industry best practices for technology development projects.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general objectives of the technology development project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Development Services: Detailed description of the technology development services to be provided
5. Project Management: Process for managing the project, including governance, reporting, and communication
6. Development Process: Methodology, milestones, acceptance criteria, and testing procedures
7. Deliverables: Specific outputs and deliverables to be provided during the development process
8. Timeline and Delays: Project timeline, deadlines, and handling of delays
9. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data processing obligations
13. Warranties and Representations: Warranties regarding services, deliverables, and IP rights
14. Liability and Indemnification: Limitation of liability and indemnification obligations
15. Term and Termination: Duration, renewal, and termination provisions
16. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Hardware Development: Include when physical hardware components are part of the development scope
2. Third-Party Components: Include when third-party software or components will be incorporated
3. Hosting and Support: Include when ongoing hosting or support services are part of the agreement
4. Service Levels: Include when specific performance metrics need to be maintained
5. Security Requirements: Include when specific security standards or certifications are required
6. Regulatory Compliance: Include when specific industry regulations must be addressed
7. Training and Documentation: Include when knowledge transfer and documentation are required
8. Export Control: Include when technology may be subject to export control regulations
9. Source Code Escrow: Include when source code needs to be held in escrow
10. Insurance: Include when specific insurance coverage is required
1. Technical Specifications: Detailed technical requirements and specifications for the development
2. Project Plan: Detailed timeline, milestones, and resource allocation
3. Pricing and Payment Schedule: Detailed breakdown of fees and payment milestones
4. Acceptance Criteria: Specific criteria for accepting deliverables
5. Service Levels: Detailed performance metrics and measurement methods
6. Personnel: Key personnel and their roles in the project
7. Third-Party Software: List of third-party software and associated licenses
8. Data Processing Agreement: Detailed terms for GDPR compliance
9. Change Control Procedure: Process for managing changes to scope or specifications
10. Support and Maintenance Terms: Details of any support and maintenance services
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