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Software License Reseller Agreement

Software License Reseller Agreement Template for Germany

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Key Requirements PROMPT example:

Software License Reseller Agreement

"I need a Software License Reseller Agreement for my cybersecurity software company, granting exclusive distribution rights in Germany and Austria to a value-added reseller, with a minimum annual sales commitment of 鈧500,000 and specialized data protection provisions to comply with EU regulations."

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Document background
The Software License Reseller Agreement is essential for software companies looking to expand their distribution network in Germany and the EU through authorized resellers. This document is typically used when a software company wants to establish a formal relationship with distributors who will market, sell, and support their software products. The agreement must comply with German legal requirements, including the German Civil Code (BGB), Commercial Code (HGB), and relevant EU regulations such as GDPR. It covers crucial aspects such as licensing terms, territory definitions, pricing structures, support obligations, intellectual property protection, and data privacy compliance. The document is particularly important in the German market where specific legal requirements govern software licensing, distribution relationships, and general terms and conditions (AGB-Recht).
Suggested Sections

1. Parties: Identification of the licensor (software owner) and the reseller, including full legal names and addresses

2. Background: Context of the agreement, describing the software product(s) and the parties' intention to enter into a reseller relationship

3. Definitions: Key terms used throughout the agreement, including Software, Territory, End Users, License Fees, etc.

4. Appointment and Territory: Scope of reseller appointment (exclusive/non-exclusive) and defined geographical territory

5. Grant of Rights: Specific rights granted to reseller, including rights to market, distribute, and sublicense the software

6. Reseller Obligations: Core responsibilities including marketing, sales targets, reporting, and compliance requirements

7. Licensor Obligations: Support, training, updates, and other obligations of the software owner

8. Intellectual Property Rights: Protection of IP rights, ownership declarations, and permitted usage of trademarks

9. Financial Terms: Pricing, payment terms, taxes, and reporting requirements

10. Term and Termination: Duration, renewal provisions, and termination grounds and procedures

11. Data Protection: GDPR compliance, data processing terms, and data security requirements

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Liability: Warranty terms, limitation of liability, and indemnification provisions compliant with German law

14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Marketing and Promotion: Detailed marketing requirements and brand guidelines - include when reseller has significant marketing responsibilities

2. Service Level Agreement: Specific performance metrics and support requirements - include for complex software requiring significant support

3. Audit Rights: Right to audit reseller's compliance - include for high-value agreements or when dealing with sensitive IP

4. Insurance Requirements: Specific insurance coverage requirements - include for high-risk or high-value software

5. Export Control: Export control compliance - include when software is subject to export restrictions

6. Source Code Escrow: Source code escrow arrangements - include when reseller requires business continuity assurance

7. Training and Certification: Required training and certification programs - include for technical or complex software

8. White Labeling Rights: Rights to rebrand software - include when reseller has white labeling privileges

Suggested Schedules

1. Schedule 1 - Licensed Software: Detailed description of software products, versions, and technical specifications

2. Schedule 2 - Territory and Exclusivity Terms: Detailed definition of territory and any exclusivity provisions

3. Schedule 3 - Price List and Commercial Terms: Pricing structure, discounts, and payment terms

4. Schedule 4 - Service Level Agreement: Technical support levels, response times, and performance metrics

5. Schedule 5 - End User License Agreement: Standard EULA to be used with end customers

6. Schedule 6 - Technical Requirements: Minimum technical specifications and implementation requirements

7. Schedule 7 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

8. Schedule 8 - Marketing Guidelines: Brand usage guidelines and approved marketing materials

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

Cloud Services

Enterprise Software

Technology Distribution

System Integration

Digital Services

Software as a Service (SaaS)

Telecommunications

Cybersecurity

E-commerce

Technology Consulting

Relevant Teams

Legal

Sales

Business Development

Channel Management

Commercial Operations

Partner Relations

Compliance

Contract Administration

Software Licensing

Partner Management

Relevant Roles

Chief Technology Officer

Sales Director

Channel Manager

Legal Counsel

Commercial Director

Business Development Manager

Software Licensing Manager

Partner Relations Manager

Compliance Officer

Contract Manager

Head of Sales

Technology Partnerships Director

Chief Legal Officer

Distribution Manager

Account Executive

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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