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The As Is License Agreement under German law is utilized when a party (licensor) wishes to license software, technology, or intellectual property to another party (licensee) while minimizing warranty obligations and liability exposure. This agreement type is particularly relevant for pre-release software, experimental technology, or situations where the licensor cannot or does not wish to provide extensive warranties about the licensed material's performance or fitness for purpose. The document must carefully balance the "as is" nature of the license with German legal requirements, as complete warranty disclaimers may not be fully enforceable under German law. Key considerations include compliance with the German Civil Code (BGB), standard business terms law (AGB-Recht), and relevant EU regulations, particularly when dealing with consumer licensees.

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the licensed material

3. Definitions: Key terms used throughout the agreement, including 'Licensed Material', 'Intellectual Property Rights', and 'Territory'

4. Grant of License: Scope of the license, including permitted uses, territories, and any restrictions

5. As Is Provision: Clear statement that the licensed material is provided 'as is' without warranties

6. Warranty Disclaimers: Specific disclaimers of warranties, crafted to comply with German law requirements

7. Limitation of Liability: Limitations on licensor's liability, structured to be enforceable under German law

8. License Fee: Payment terms and conditions, if applicable

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments