The Source Code License Agreement is essential when organizations or individuals need to license software source code while maintaining appropriate legal protections and compliance with Austrian law. This agreement is typically used when a licensee requires access to the source code for purposes such as software modification, integration with existing systems, security auditing, or maintenance. The document addresses critical aspects including intellectual property rights, usage limitations, modification rights, and confidentiality obligations, all within the framework of Austrian legal requirements and EU regulations. It's particularly relevant in scenarios involving software customization, technology transfer, or business-critical applications where access to source code is necessary for risk management or compliance purposes. The agreement ensures both parties' interests are protected while facilitating the necessary technical and business objectives of the source code transfer.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the source code
3. Definitions: Detailed definitions of technical terms, source code components, and key concepts
4. License Grant: Scope of license, permitted uses, and restrictions
5. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of modifications
6. Delivery and Documentation: Terms for source code delivery and accompanying documentation
7. License Fees: Payment terms, fee structure, and payment schedule
8. Warranties and Representations: Warranties regarding ownership, non-infringement, and code quality
9. Confidentiality: Protection of source code and other confidential information
10. Term and Termination: Duration, termination conditions, and post-termination obligations
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Maintenance and Support: Terms for ongoing maintenance and technical support (include if support services are part of the agreement)
2. Source Code Escrow: Provisions for source code escrow arrangements (include for business-critical applications)
3. Security Requirements: Specific security measures and compliance requirements (include for sensitive applications)
4. Third-Party Components: Handling of third-party code and associated licenses (include if third-party code is present)
5. Performance Standards: Specific performance requirements and metrics (include if performance guarantees are needed)
6. Training: Terms for training services and knowledge transfer (include if training is part of the agreement)
7. Audit Rights: Rights to audit usage and compliance (include for high-value licenses)
8. Data Protection: GDPR and data protection compliance (include if personal data is processed)
9. Export Control: Export control compliance provisions (include for international licensing)
1. Schedule 1 - Source Code Description: Detailed technical description of the source code components
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of fees, payment schedule, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications and system requirements
4. Schedule 4 - Documentation Requirements: List and description of required documentation
5. Schedule 5 - Support and Maintenance Services: Detailed description of support services and service levels
6. Schedule 6 - Third-Party Licenses: List and copies of third-party licenses
7. Appendix A - Acceptance Testing Procedures: Procedures and criteria for acceptance testing
8. Appendix B - Security Requirements: Detailed security specifications and compliance requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Telecommunications
E-commerce
Education
Government
Automotive
Insurance
Retail
Aerospace
Healthcare Technology
FinTech
Relevant Teams
Legal
Software Development
Information Security
Compliance
Intellectual Property
Contract Management
Product Development
Technical Architecture
Risk Management
Quality Assurance
Relevant Roles
Chief Technology Officer
Software Development Manager
Legal Counsel
IP Attorney
Software Architect
Senior Software Engineer
Licensing Manager
Compliance Officer
IT Security Manager
Contract Manager
Technical Director
Chief Legal Officer
Product Manager
Development Team Lead
Information Security Officer
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