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Floating Software License

Floating Software License Template for Germany

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Key Requirements PROMPT example:

Floating Software License

"I need a Floating Software License agreement under German law for enterprise-level CAD software deployment, supporting up to 500 concurrent users across multiple European offices, with high availability license server configuration and disaster recovery provisions, planned to be implemented by March 2025."

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Document background
This Floating Software License agreement is designed for use when implementing concurrent licensing arrangements under German law, where multiple users within an organization need to share access to software licenses through a central license server. The document addresses the specific requirements of German contract law (BGB) and data protection regulations (DSGVO), while providing a comprehensive framework for license deployment, monitoring, and compliance. It is particularly suitable for enterprise software deployments where the total number of potential users exceeds the number of available licenses, and includes essential provisions for technical implementation, usage tracking, and license server management. The agreement combines technical specifications with legal requirements to ensure proper software license management and regulatory compliance.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names and addresses

2. Background: Context of the agreement and brief description of the software and floating license concept

3. Definitions: Defined terms including Software, Authorized Users, Concurrent Users, License Server, etc.

4. License Grant: Scope of license, floating/concurrent user provisions, and usage limitations

5. Technical Implementation: Requirements for license server setup, network configuration, and monitoring

6. License Restrictions: Prohibited activities, geographical restrictions, and user limitations

7. License Fees: Payment terms, fee calculation based on concurrent usage, and payment schedule

8. Monitoring and Compliance: License usage tracking, audit rights, and reporting requirements

9. Data Protection: GDPR compliance, data processing terms, and data security measures

10. Intellectual Property Rights: Ownership of software, protection of IP rights, and third-party claims

11. Warranties and Liability: Software performance warranties, limitation of liability, and force majeure

12. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations

13. General Provisions: Governing law, jurisdiction, entire agreement, and standard boilerplate clauses

Optional Sections

1. Professional Services: Terms for installation, configuration, and training services - include when professional services are part of the agreement

2. High Availability Setup: Terms for redundant license server configuration - include for enterprise-level implementations

3. Third-Party Software: Terms relating to third-party components - include when the software incorporates third-party elements

4. Service Level Agreement: Performance metrics and support levels - include for business-critical applications

5. Disaster Recovery: Terms for backup and recovery of license server - include for enterprise implementations

6. Export Control: Export restriction compliance - include when software may be subject to export controls

7. Source Code Escrow: Terms for source code escrow arrangements - include when requested by enterprise customers

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of software components and functionality

2. Schedule 2 - Technical Requirements: System requirements, network specifications, and installation parameters

3. Schedule 3 - License Metrics: Detailed description of concurrent user calculation and limitations

4. Schedule 4 - Fee Schedule: Detailed pricing structure and payment terms

5. Schedule 5 - Support Services: Description of support levels, response times, and escalation procedures

6. Appendix A - License Server Configuration: Technical specifications for license server setup and maintenance

7. Appendix B - Acceptable Use Policy: Detailed rules for software usage and user behavior

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Teams

Legal

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Relevant Roles

Chief Information Officer

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