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Software License And Support Agreement

Software License And Support Agreement Template for Germany

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Key Requirements PROMPT example:

Software License And Support Agreement

"I need a Software License and Support Agreement for enterprise-level cybersecurity software that we'll be licensing to German automotive manufacturers, with 24/7 premium support services and strict GDPR compliance requirements."

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Document background
The Software License And Support Agreement is essential for companies providing or acquiring software solutions in the German market. This document is typically used when a software provider wants to license their software product and provide ongoing support services to customers while ensuring compliance with German legal requirements. It combines licensing terms with support obligations, covering aspects such as installation, maintenance, updates, and technical support. The agreement must comply with German contract law principles, particularly the Civil Code (BGB), standard business terms regulations (AGB-Recht), and data protection requirements under GDPR. It's crucial for establishing clear rights, responsibilities, and liability limitations while meeting the strict requirements of German commercial and IT contract law.
Suggested Sections

1. Parties: Identification and details of the contracting parties (Licensor and Licensee)

2. Background: Context of the agreement and brief description of the software and support services

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Scope of the software license, usage rights, and restrictions

5. License Fees: Payment terms, fee structure, and payment schedule

6. Support Services: Description of support services, service levels, and response times

7. Support Fees: Fees for support services and payment terms

8. Intellectual Property Rights: Protection of IP rights and ownership declarations

9. Warranties and Representations: Warranties regarding software functionality and support services

10. Liability and Limitations: Liability provisions compliant with German law

11. Term and Termination: Duration of agreement and termination provisions

12. Data Protection: GDPR compliance and data processing terms

13. Confidentiality: Protection of confidential information

14. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction

Optional Sections

1. Third-Party Software: Required when the software includes third-party components, detailing associated terms and licenses

2. Professional Services: Include when additional implementation or consulting services are offered

3. Service Level Agreement: Required for enterprise-level agreements with specific performance metrics

4. Escrow Provisions: Include when source code escrow arrangements are required

5. Export Control: Required when software may be subject to export restrictions

6. Disaster Recovery: Include for business-critical software implementations

7. Audit Rights: Include when license compliance monitoring is required

8. Training Services: Required when user training is part of the agreement

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software and its components

2. Schedule 2 - Support Services Description: Detailed specification of support services and service levels

3. Schedule 3 - Fee Schedule: Detailed breakdown of license and support fees

4. Schedule 4 - Technical Requirements: Software technical specifications and system requirements

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Service Level Metrics: Detailed service level commitments and measurements

7. Appendix A - Authorized Users: Definition and limitations of authorized software users

8. Appendix B - Support Escalation Procedures: Detailed support escalation process and contact information

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
Relevant legal definitions











































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Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

Automotive

E-commerce

Insurance

Banking

Logistics

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Software Development

Vendor Management

Contract Management

Information Security

Technical Support

Operations

Risk Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Development Manager

Contract Manager

Chief Information Officer

Head of Legal

IT Procurement Specialist

Vendor Management Officer

Software Asset Manager

Chief Legal Officer

Technical Account Manager

IT Operations Manager

Compliance Officer

Commercial Director

Industries










Teams

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