This Software Sales Agreement template is designed for use under Dutch law when a software vendor wishes to sell and license software products to business customers. It incorporates essential provisions required by Dutch contract law and relevant EU regulations, including GDPR compliance requirements. The agreement is particularly suitable for software transactions in the Netherlands or involving Dutch entities, covering crucial aspects such as license scope, delivery terms, acceptance procedures, payment conditions, and warranty provisions. It can be used for both standard software products and customized solutions, and is structured to accommodate various software delivery models while ensuring compliance with Dutch legal requirements and commercial practices.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the software being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Software License Grant: Scope, nature, and limitations of the software license
5. Delivery and Acceptance: Terms for software delivery, installation, and acceptance procedures
6. Fees and Payment: Payment terms, pricing, and invoicing arrangements
7. Intellectual Property Rights: Ownership and protection of IP rights in the software
8. Warranties: Software performance warranties and disclaimers
9. Support and Maintenance: Basic support and maintenance obligations
10. Data Protection: GDPR compliance and data processing terms
11. Confidentiality: Protection of confidential information
12. Limitation of Liability: Limitations and exclusions of liability
13. Term and Termination: Duration and termination provisions
14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.
1. Professional Services: Include when implementation or configuration services are required
2. Service Levels: Include for software provided as a service (SaaS) or with specific performance requirements
3. Security Requirements: Include when software processes sensitive data or requires specific security measures
4. Disaster Recovery: Include for business-critical software applications
5. Third-Party Software: Include when third-party components are part of the solution
6. Export Control: Include for software subject to export regulations
7. Source Code Escrow: Include when source code escrow arrangements are required
8. Training: Include when user training is part of the agreement
1. Software Description: Detailed description of the software, including specifications and functionality
2. Service Levels and Support: Detailed support terms, response times, and service level metrics
3. Fee Schedule: Detailed breakdown of fees, payment milestones, and pricing terms
4. Technical Requirements: System requirements and technical specifications
5. Implementation Plan: Timeline and milestones for software implementation
6. Acceptance Testing: Acceptance criteria and testing procedures
7. Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Security Requirements: Detailed security specifications and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Enterprise Software
Financial Services
Healthcare Technology
E-commerce
Manufacturing
Professional Services
Telecommunications
Education Technology
Retail Technology
Logistics and Supply Chain
Relevant Teams
Legal
Sales
Information Technology
Procurement
Compliance
Commercial
Business Development
Contract Management
Software Development
Product Management
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Sales Director
Chief Technology Officer
IT Director
Procurement Manager
Software Sales Manager
Business Development Manager
Compliance Officer
General Counsel
Software Licensing Manager
Account Executive
Chief Information Officer
Legal Operations Manager
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