This Product License agreement template is designed for use under German law when one party wishes to grant another party the right to use a specific product while retaining ownership rights. It is particularly relevant for software, technology, industrial products, and intellectual property licensing scenarios. The document incorporates mandatory provisions required under German law, including specific consumer protection requirements where applicable, and addresses key aspects such as license scope, payment terms, usage restrictions, and liability limitations. This template can be used for both B2B and B2C licensing arrangements, though additional consumer protection provisions may need to be incorporated for B2C scenarios. The agreement ensures compliance with German Civil Code (BGB) requirements while providing flexibility to accommodate various licensing models and product types.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the product
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, permitted uses, and restrictions
5. License Fees and Payment: Payment terms, fee structure, and payment mechanics
6. Intellectual Property Rights: Ownership and protection of IP rights
7. Obligations of the Licensee: Licensee's responsibilities and usage restrictions
8. Obligations of the Licensor: Licensor's responsibilities including support and maintenance
9. Term and Termination: Duration of agreement and termination provisions
10. Warranties and Liability: Warranty terms and limitation of liability
11. Confidentiality: Protection of confidential information
12. General Provisions: Standard legal provisions including governing law and jurisdiction
1. Data Protection: Required if the product involves processing of personal data
2. Source Code Escrow: Optional section for software products where source code protection is needed
3. Export Control: Required if the product is subject to export restrictions
4. Training and Support: Optional section detailing additional services if provided
5. Audit Rights: Optional section for cases requiring usage monitoring and verification
6. Sub-licensing Rights: Optional section if sub-licensing is permitted
7. Territory Restrictions: Required if license is limited to specific geographical areas
8. Competition Law Compliance: Required for licenses that might affect market competition
1. Schedule 1 - Licensed Products: Detailed description of licensed products and specifications
2. Schedule 2 - License Fees: Detailed fee structure and payment terms
3. Schedule 3 - Technical Requirements: Technical specifications and system requirements
4. Schedule 4 - Service Level Agreement: Support and maintenance service levels if applicable
5. Schedule 5 - Approved Sub-licensees: List of approved sub-licensees if applicable
6. Appendix A - Usage Guidelines: Detailed guidelines for product usage and restrictions
7. Appendix B - Support Procedures: Procedures for obtaining technical support and maintenance
Relevant legal definitions
Clauses
Relevant Industries
Software and Technology
Manufacturing
Pharmaceuticals
Consumer Goods
Industrial Products
Media and Entertainment
Telecommunications
Automotive
Healthcare
Research and Development
Education
Relevant Teams
Legal
Commercial
Sales
Product Development
Business Development
Compliance
Risk Management
Intellectual Property
Operations
Finance
Relevant Roles
Legal Counsel
Contract Manager
Licensing Manager
Product Manager
Business Development Manager
Commercial Director
Chief Technology Officer
Intellectual Property Manager
Sales Director
Compliance Officer
Risk Manager
General Counsel
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