This Software Purchase Agreement template is designed for use in Belgium when an organization wishes to purchase software licenses and related services from a software vendor. The document is structured to comply with Belgian contract law, the Belgian Code of Economic Law, and relevant EU regulations including GDPR. It should be used when acquiring perpetual or term-based software licenses, particularly for significant software implementations that require formal terms regarding installation, acceptance testing, warranties, and ongoing support. The agreement includes comprehensive provisions for protecting both parties' interests, managing intellectual property rights, establishing clear delivery and acceptance criteria, and defining support and maintenance obligations. It is particularly important for business-critical software purchases and when significant financial investment is involved.
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1. Parties: Identification and details of the seller (software provider) and purchaser
2. Background: Context of the agreement, including brief description of the software and purpose of the purchase
3. Definitions: Defined terms used throughout the agreement, including technical terms specific to the software
4. Software Description and License Grant: Detailed description of the software being purchased and the scope of rights being granted
5. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance criteria
6. Payment Terms: Purchase price, payment schedule, and related financial terms
7. Intellectual Property Rights: Ownership of IP rights, restrictions on use, and protection of proprietary rights
8. Warranties: Standard warranties regarding software functionality, performance, and compliance with specifications
9. Support and Maintenance: Terms for technical support, updates, and maintenance services
10. Confidentiality: Protection of confidential information exchanged during the transaction
11. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required if the software processes personal data, detailing GDPR compliance and data processing terms
2. Third-Party Software: Needed if the software incorporates third-party components, detailing associated terms and licenses
3. Hardware Requirements: Include if specific hardware is required for the software to function properly
4. Service Level Agreement: Optional section for enterprise software defining performance metrics and service levels
5. Training: Include if training services are part of the purchase agreement
6. Export Control: Required if the software is subject to export control regulations
7. Source Code Escrow: Optional for business-critical software where source code access might be necessary
8. Customization: Include if the software will be customized for the purchaser
1. Software Specification: Detailed technical specifications of the software
2. Price Schedule: Detailed breakdown of pricing, including any variable components
3. Service Level Agreement: Detailed performance metrics and service levels if applicable
4. Support and Maintenance Terms: Detailed support and maintenance procedures and commitments
5. Acceptance Testing Criteria: Specific criteria and procedures for acceptance testing
6. Hardware Specifications: Minimum hardware requirements and recommended specifications
7. Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
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