A Software Sublicense Agreement is essential when an organization with software license rights needs to extend these rights to third parties while maintaining control over the software's use and distribution. This document type is commonly used in scenarios where a company needs to provide software access to subsidiaries, affiliate companies, or business partners. The agreement, governed by German law, must comply with the B眉rgerliches Gesetzbuch (German Civil Code), Urheberrechtsgesetz (Copyright Act), and other relevant German legislation. It includes crucial provisions for intellectual property protection, usage limitations, technical requirements, and compliance obligations. The document should align with the original license agreement's terms while establishing clear accountability and risk allocation between the sublicensor and sublicensee.
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1. Parties: Identification of the Sublicensor and Sublicensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including reference to the main license agreement and authority to sublicense
3. Definitions: Definitions of key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. Grant of License: Scope of the sublicense, including permitted uses, restrictions, and territory
5. License Fees: Payment terms, amounts, and payment schedule for the sublicense
6. Intellectual Property Rights: Confirmation of ownership rights, protection of IPR, and handling of infringement claims
7. Sublicensee Obligations: Key obligations including usage restrictions, security measures, and compliance requirements
8. Warranties and Representations: Warranties regarding right to sublicense, software functionality, and compliance with laws
9. Limitation of Liability: Limitations and exclusions of liability in accordance with German law
10. Term and Termination: Duration of the agreement, termination rights, and consequences of termination
11. Confidentiality: Protection of confidential information and trade secrets
12. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Software Maintenance and Support: Include when maintenance and support services are part of the sublicense arrangement
2. Data Protection: Required when the software processes personal data, ensuring GDPR compliance
3. Third-Party Components: Necessary when the software includes third-party components with separate license terms
4. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
5. Export Control: Required when the software is subject to export control regulations
6. Training and Implementation: Include when training and implementation services are provided
7. Service Levels: Include when specific performance levels are guaranteed
8. Audit Rights: Include when sublicensor requires rights to audit sublicensee's use of the software
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support and Maintenance Terms: Detailed terms of support and maintenance services if included
5. Appendix A - Authorized Users: Definition and list of authorized users or user categories
6. Appendix B - Territory: Detailed description of the licensed territory
7. Appendix C - Third-Party Licenses: Terms of third-party licenses that apply to the software
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Financial Services
Healthcare Technology
Manufacturing
Retail Technology
Education Technology
Professional Services
Cloud Services
Enterprise Software
Systems Integration
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Commercial Operations
Business Development
Partner Management
Risk Management
Vendor Management
Relevant Roles
Chief Technology Officer
Software Licensing Manager
Legal Counsel
IT Director
Procurement Manager
Commercial Director
Software Asset Manager
Compliance Officer
Contract Manager
Business Development Manager
Technology Partner Manager
IP Rights Manager
Chief Information Officer
Software Distribution Manager
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