The Source Code License Agreement is essential for organizations needing to license their software's source code to other parties while maintaining legal protection under Belgian law. This document is typically used when a software owner wants to grant another party access to their source code while retaining ownership and controlling usage rights. The agreement covers critical aspects including intellectual property rights, usage permissions, modification rights, confidentiality obligations, and compliance requirements with Belgian and EU regulations. It's particularly relevant for software vendors, technology companies, and enterprises engaging in software licensing transactions where source code access is required for development, integration, or maintenance purposes. The agreement must comply with Belgian contract law, intellectual property legislation, and relevant EU directives, particularly regarding software protection and data privacy.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and general purpose of the license
3. Definitions: Key terms including Source Code, Derivative Works, Intellectual Property Rights, Licensed Software, Documentation
4. Grant of License: Scope of license, permitted uses, and restrictions on use of the source code
5. License Fees: Payment terms, fee structure, and payment schedule
6. Delivery and Implementation: Terms for source code delivery, format, and any implementation requirements
7. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of modifications
8. Confidentiality: Protection of source code and other confidential information
9. Warranties and Representations: Warranties regarding ownership, non-infringement, and code quality
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Term and Termination: Duration, termination rights, and post-termination obligations
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Maintenance and Support: Include when ongoing maintenance and support services are part of the agreement
2. Escrow Arrangements: Include when source code is to be held in escrow as security
3. Security Requirements: Include when specific security measures for code handling are needed
4. Audit Rights: Include when licensor requires rights to audit licensee's use of the code
5. Performance Requirements: Include when specific performance standards must be maintained
6. Third Party Code: Include when the source code contains third-party components
7. Export Control: Include when software may be subject to export restrictions
8. Data Protection: Include when software processes personal data or when GDPR compliance is relevant
1. Schedule 1 - Source Code Description: Detailed technical description of the licensed source code
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of fees, payment schedule, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications, development environment, and compatibility requirements
4. Schedule 4 - Maintenance and Support Terms: Detailed maintenance and support provisions if applicable
5. Schedule 5 - Permitted Users: List of authorized users or user categories permitted to access the source code
6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for source code use
7. Appendix B - Security Requirements: Specific security measures and protocols for handling the source code
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