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Source Code License Agreement for Austria

Source Code License Agreement Template for Austria

A Source Code License Agreement under Austrian law is a comprehensive legal document that governs the licensing of software source code from one party (licensor) to another (licensee). The agreement is structured in accordance with Austrian legal requirements, particularly the Austrian Civil Code (ABGB) and Copyright Act, while also considering EU regulations such as GDPR. It details the scope of the license grant, usage rights, intellectual property protections, warranties, and liabilities. The document addresses technical specifications, maintenance provisions, and confidentiality obligations, while ensuring compliance with Austrian and EU data protection requirements. It's particularly important in scenarios where the licensee needs access to the source code for customization, integration, or security verification purposes.

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What is a Source Code License Agreement?

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.

What sections should be included in a Source Code License Agreement?

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

What sections are optional to include in a Source Code License 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)

What schedules should be included in a Source Code License Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
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

Industries









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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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