The Service License Agreement is a specialized contract used when a party provides both services and software licenses under Belgian law. It is particularly relevant in today's digital economy where businesses often combine software solutions with related services such as implementation, maintenance, and support. This document addresses the complex interplay between service delivery and software licensing, incorporating requirements from Belgian commercial law, EU regulations (particularly GDPR and consumer protection), and industry-specific standards. The agreement is essential for technology providers, software companies, and service organizations operating in Belgium or serving Belgian clients, as it provides a comprehensive framework for managing service levels, data protection, intellectual property rights, and operational requirements while ensuring compliance with local and EU regulatory frameworks.
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1. Parties: Identification of the contracting parties including registration details as required under Belgian law
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the license being granted
5. Services Description: Detailed description of services to be provided under the agreement
6. Service Levels: Performance standards and service level commitments
7. Fees and Payment: Payment terms, fee structure, invoicing, and payment methods
8. Term and Termination: Duration of agreement, renewal terms, and termination rights
9. Intellectual Property Rights: IP ownership, rights, and protections
10. Data Protection: GDPR compliance and data processing terms
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Parties' warranties regarding services, license, and capacity
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Events excusing performance and their consequences
15. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes
1. Security Requirements: Specific security measures and compliance requirements, include if service involves sensitive data or systems
2. Change Control: Process for managing changes to services or specifications, include for complex or long-term agreements
3. Disaster Recovery: Business continuity and disaster recovery obligations, include for critical services
4. Anti-Corruption: Anti-corruption and compliance provisions, include for international services or public sector clients
5. Insurance: Insurance requirements and coverage obligations, include for high-risk services
6. Source Code Escrow: Source code escrow arrangements, include if software is business-critical
7. Language Provisions: Language requirements for documentation and communication, include if operating in multiple Belgian regions
8. Consumer Protection Terms: Additional consumer protection provisions, include for B2C agreements
1. Service Specification: Detailed technical specifications of the services
2. Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Fee Schedule: Detailed fee structure, rates, and payment terms
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Support Services: Description of support and maintenance services
6. Security Requirements: Detailed security protocols and requirements
7. Implementation Plan: Timeline and milestones for service implementation
8. Acceptable Use Policy: Terms governing acceptable use of services
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