The White Label Software License Agreement is essential for businesses seeking to license software for rebranding and distribution under Dutch law. This document is particularly useful when a software provider wants to allow other companies to market their software solution under different branding while maintaining control over the core product. It addresses critical aspects such as intellectual property rights, permitted modifications, support obligations, and compliance with Dutch and EU regulations. The agreement is commonly used in B2B scenarios where companies want to expand their product portfolio without investing in software development, ensuring clear terms for white labeling, customization, maintenance, and end-user support. This document type is specifically structured to comply with Dutch contract law and relevant EU directives, including software licensing and data protection requirements.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software, and parties' objectives
3. Definitions: Defined terms used throughout the agreement, including technical terms and specific white labeling concepts
4. Grant of License: Scope of the license, permitted use, and white labeling rights
5. White Labeling Rights and Restrictions: Specific terms regarding rebranding, modification of branding elements, and marketing restrictions
6. License Restrictions: Prohibited activities, usage limitations, and territory restrictions
7. Intellectual Property Rights: Ownership of IP, protection measures, and infringement handling
8. Fees and Payment: License fees, payment terms, and related financial obligations
9. Support and Maintenance: Basic support obligations, maintenance services, and update provisions
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal terms, and termination rights
12. Warranties and Disclaimers: Software performance warranties and standard disclaimers
13. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices
1. Professional Services: Include when custom development or implementation services are part of the agreement
2. Service Levels: Include when specific performance metrics and service levels are guaranteed
3. Data Processing Terms: Required when the software processes personal data under GDPR
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Hardware Requirements: Include when the software requires specific hardware configurations or includes hardware components
6. Training Services: Include when training services are provided to licensee's staff
7. Marketing and Promotion: Include detailed marketing terms when joint promotional activities are planned
8. Migration Services: Include when data migration services are provided during implementation
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed pricing structure, payment schedules, and fee calculations
3. Schedule 3 - Service Level Agreement: Detailed service levels, response times, and performance metrics
4. Schedule 4 - Support Services: Detailed support procedures, escalation processes, and contact information
5. Schedule 5 - Branding Guidelines: Specifications for white labeling, including permitted modifications and brand requirements
6. Schedule 6 - Security Requirements: Security standards, protocols, and compliance requirements
7. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
8. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare Technology
Education Technology
Professional Services
Telecommunications
E-commerce
Digital Marketing
Manufacturing
Business Process Outsourcing
Insurance
Banking
Consulting Services
Relevant Teams
Legal
Information Technology
Product Development
Sales
Procurement
Compliance
Business Development
Marketing
Software Development
Partner Relations
Commercial Operations
Risk Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Commercial Director
Head of Product
Business Development Manager
Chief Information Officer
Procurement Manager
IT Director
Software Development Manager
Compliance Officer
Contract Manager
Partnership Manager
Product Marketing Manager
Chief Legal Officer
Sales Director
Technology Partnership Manager
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