The Generic Software License Agreement serves as a foundational document for organizations seeking to formalize the terms under which software is licensed to users or businesses in Belgium and the broader European market. This agreement is essential when a software provider wishes to grant rights to use their software while maintaining ownership and controlling usage parameters. The document is structured to comply with Belgian law and relevant EU regulations, including the EU Computer Programs Directive and GDPR where applicable. It includes comprehensive provisions covering license scope, intellectual property rights, usage restrictions, warranties, and liabilities. The agreement can be customized for various software types and licensing models while maintaining its core protective elements and regulatory compliance.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', etc.
4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Restrictions: Specific prohibitions and limitations on the use of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Fees and Payment: License fees, payment terms, and any recurring charges
8. Warranties and Representations: Warranties regarding software functionality, compliance with specifications, and non-infringement
9. Limitation of Liability: Limitations and exclusions of liability in compliance with Belgian law
10. Term and Termination: Duration of the agreement, renewal terms, and termination rights
11. Consequences of Termination: Actions required upon termination, including return or destruction of software
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Required when the software processes personal data, ensuring GDPR compliance
2. Maintenance and Support: Include when ongoing support or maintenance services are provided
3. Service Levels: Include when specific performance metrics or uptime guarantees are required
4. Source Code Escrow: Include when source code escrow arrangements are needed for business continuity
5. Third-Party Software: Required when the software incorporates third-party components
6. Export Controls: Include when software is subject to export regulations
7. Professional Services: Include when implementation or configuration services are provided
8. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment schedule
3. Schedule 3 - Service Level Agreement: Detailed performance metrics and support requirements if applicable
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
5. Schedule 5 - Maintenance and Support Services: Detailed description of maintenance and support services if provided
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Energy
Transportation
Media and Entertainment
Construction
Real Estate
Non-profit Organizations
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Information Security
Vendor Management
Commercial Operations
Risk Management
Contract Administration
Relevant Roles
Legal Counsel
IT Director
Chief Technology Officer
Software Licensing Manager
Procurement Manager
Contract Manager
Chief Information Officer
Legal Operations Manager
Commercial Director
Compliance Officer
Software Asset Manager
IT Procurement Specialist
Chief Legal Officer
Business Development Manager
Information Security Officer
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