The Master Software Agreement is designed for use in the German market where a software provider wishes to establish a long-term contractual framework with its customers. This agreement serves as the foundation for all software-related transactions between the parties, including licensing, implementation, maintenance, and support services. It is specifically structured to comply with German legal requirements, including the German Civil Code (BGB), data protection laws (GDPR and BDSG), and intellectual property regulations. The document is particularly useful for ongoing software relationships where multiple products or services may be added over time through additional order forms or statements of work. It includes comprehensive provisions for data protection, service levels, and liability limitations that align with German legal standards, while maintaining flexibility to accommodate various software delivery models including on-premise, cloud-based, or hybrid solutions.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement, including Software, Services, Documentation, etc.
4. License Grant: Scope of software license, usage rights, and restrictions
5. Delivery and Acceptance: Terms for software delivery, installation, and acceptance procedures
6. Fees and Payment: Payment terms, fee structure, and invoicing procedures
7. Intellectual Property Rights: IP ownership, protection, and third-party claims
8. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
9. Confidentiality: Protection of confidential information and trade secrets
10. Warranties: Software warranties and quality guarantees under German law
11. Liability and Limitation: Liability provisions compliant with German law restrictions
12. Term and Termination: Duration, renewal, and termination provisions
13. General Provisions: Standard clauses including governing law, jurisdiction, and notices
1. Source Code Escrow: Optional provisions for source code escrow arrangements, recommended for business-critical software
2. Professional Services: Additional terms for consulting or professional services, if offered
3. Hardware Provisions: Terms for hardware supply if the software requires specific hardware
4. Training Services: Terms for user training and knowledge transfer, if provided
5. Audit Rights: Software usage audit provisions, recommended for license compliance
6. Insurance: Specific insurance requirements, particularly relevant for high-value contracts
7. Export Control: Export compliance terms, necessary for international software distribution
1. Schedule 1 - Licensed Software: Detailed description of all software products covered by the agreement
2. Schedule 2 - Service Level Agreement: Performance metrics, support levels, and response times
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Schedule 4 - Technical Requirements: Software technical specifications and system requirements
5. Schedule 5 - Support and Maintenance: Detailed support and maintenance services specifications
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and specifications
7. Schedule 7 - Implementation Plan: Software implementation and rollout timeline
8. Appendix A - Authorized Users: Definition and restrictions of authorized software users
9. Appendix B - Security Requirements: Detailed IT security requirements and standards
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Insurance
Automotive
Energy and Utilities
Public Sector
Education
E-commerce
Logistics and Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Finance
Information Security
Data Protection
Operations
Software Development
Contract Management
Vendor Management
Risk Management
Compliance
Business Development
Project Management
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
IT Security Officer
Data Protection Officer
Contract Manager
Chief Technology Officer
Software Development Manager
IT Operations Manager
Chief Financial Officer
Business Development Manager
Solutions Architect
Project Manager
Vendor Management Officer
Commercial Director
Chief Legal Officer
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