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Dual Software License Template for Denmark

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Dual Software License

Document background
The Dual Software License agreement is designed for software developers and companies operating under Danish jurisdiction who wish to implement a flexible licensing strategy for their software products. This agreement type is particularly useful when the licensor wants to maintain a commercial licensing model while simultaneously fostering open-source community engagement. The document includes comprehensive terms for both commercial and open-source usage, covering essential elements such as intellectual property rights, usage permissions, technical support levels, and compliance with Danish legal requirements and EU regulations. The Dual Software License is commonly used when a software provider wants to benefit from both commercial revenue streams and open-source community contributions, while ensuring clear legal boundaries and protections for all parties involved.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, description of the software, and purpose of the dual licensing structure

3. Definitions: Detailed definitions of technical terms, license types, and other key concepts used throughout the agreement

4. License Grant: Clear distinction and terms of both license types (commercial and open-source/free), including scope and territory

5. License Selection: Process and requirements for selecting and switching between license types

6. Commercial License Terms: Specific terms, conditions, and restrictions for the commercial license option

7. Open Source License Terms: Specific terms, conditions, and restrictions for the open source license option

8. Intellectual Property Rights: Declaration of ownership, protection of IP rights, and handling of modifications

9. Payment Terms: Fees, payment schedules, and conditions for the commercial license

10. Warranties and Representations: Warranties provided for each license type and disclaimer of warranties where applicable

11. Support and Maintenance: Terms of technical support and maintenance services for each license type

12. Term and Termination: Duration of the agreement, renewal terms, and termination conditions for each license type

13. Liability and Indemnification: Limitations of liability and indemnification obligations under each license type

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection: Required if the software processes personal data, addressing GDPR compliance

2. Export Control: Required if the software is subject to export control regulations

3. Source Code Escrow: Optional section for commercial licensees requiring source code protection

4. Audit Rights: Optional section for commercial licenses requiring compliance verification

5. Contributor License: Required if the software accepts third-party contributions

6. Service Level Agreement: Optional for commercial licenses including specific performance guarantees

7. Professional Services: Optional section for additional consulting or implementation services

8. Third-Party Software: Required if the software incorporates third-party components

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specifications and functionality of the software

2. Schedule B - Commercial License Fees: Pricing structure and payment terms for commercial licenses

3. Schedule C - Support Service Levels: Detailed support and maintenance terms for each license type

4. Schedule D - Open Source License Text: Full text of the open source license (e.g., GPL, MIT) being used

5. Schedule E - Acceptable Use Policy: Guidelines and restrictions for software usage under both license types

6. Schedule F - Data Processing Agreement: GDPR-compliant data processing terms if applicable

7. Schedule G - Technical Requirements: Minimum system requirements and technical specifications

Authors

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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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