This Software License Commercial Use agreement is designed for use in the Netherlands when a software provider wishes to license their software products to commercial users under Dutch law. The document is particularly relevant in business-to-business (B2B) contexts where software is being licensed for commercial purposes. It addresses critical aspects such as usage rights, intellectual property protection, maintenance obligations, and compliance requirements under both Dutch and EU law. The agreement is structured to protect the interests of both the licensor and licensee while ensuring compliance with relevant legislation, including the Dutch Civil Code, Copyright Act, and EU regulations such as GDPR where applicable. This template is suitable for various commercial software licensing scenarios, from standard software products to customized solutions, and can be adapted to specific business needs while maintaining legal compliance within the Dutch jurisdiction.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the software, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, permitted uses, and any territorial restrictions
5. License Restrictions: Specific prohibitions and limitations on the use of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Fees and Payment: License fees, payment terms, and any recurring charges
8. Term and Termination: Duration of the license and circumstances for termination
9. Warranties and Disclaimers: Software performance warranties and limitation of warranties
10. Support and Maintenance: Basic support terms and maintenance services provided
11. Confidentiality: Protection of confidential information exchanged
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Data Protection: Specific terms for handling personal data when the software processes user information
2. Third-Party Software: Terms relating to third-party components when the software incorporates external libraries or tools
3. Professional Services: Additional terms for implementation or customization services when offered
4. Service Level Agreement: Specific performance metrics and service levels for cloud-based or hosted software
5. Disaster Recovery: Requirements for backup and recovery procedures for critical software systems
6. Export Control: Compliance with export regulations when software is subject to international trade restrictions
7. Source Code Escrow: Terms for source code deposit and release conditions when required by licensee
8. Audit Rights: Terms allowing licensor to verify compliance with license terms in high-value agreements
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing terms
3. Schedule 3 - Support Services: Detailed description of support levels, response times, and maintenance services
4. Schedule 4 - Service Levels: Technical performance metrics and service level commitments
5. Schedule 5 - Approved Users: List of authorized users or user categories when license is restricted
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation
7. Appendix B - Security Requirements: Security standards and protocols to be maintained
8. Appendix C - Data Processing Terms: Detailed terms for personal data processing in compliance with GDPR when applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Media and Entertainment
E-commerce
Banking and Insurance
Logistics and Transportation
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Commercial Operations
Risk Management
Vendor Management
Product Management
Information Security
Finance
Operations
Relevant Roles
Legal Counsel
Contract Manager
Software Licensing Manager
IT Director
Chief Technology Officer
Commercial Director
Procurement Manager
Compliance Officer
Software Asset Manager
Business Development Manager
Chief Information Officer
Risk Manager
Operations Director
General Counsel
IP Rights Manager
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