The On Premise Software License Agreement is essential for organizations deploying software within their own infrastructure in Belgium. This document is used when a software vendor grants a license to a customer to install and use software on the customer's servers or computers, rather than accessing it as a cloud service. It must comply with Belgian civil law and EU regulations, particularly regarding intellectual property rights, data protection, and consumer protection. The agreement covers critical aspects such as license scope, permitted users, installation requirements, maintenance terms, warranties, and liability limitations. It's particularly important for enterprises requiring control over their software environment and data security, ensuring clear terms for both vendor and licensee while adhering to Belgian legal 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 and brief description of the software being licensed
3. Definitions: Detailed definitions of terms used throughout the agreement, including Software, Documentation, Licensed Users, etc.
4. License Grant: Scope of the license, usage rights, and restrictions on use of the software
5. License Fees: Payment terms, fee structure, and payment schedule
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. Intellectual Property Rights: Ownership of IP rights, protection measures, and infringement procedures
8. Warranties and Representations: Software performance warranties, compliance with specifications, and legal warranties
9. Support and Maintenance: Basic support terms and maintenance obligations
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability, exclusions, and indemnification obligations
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, etc.
1. Data Protection: Required if the software processes personal data, detailing GDPR compliance measures
2. Professional Services: Include if additional implementation or configuration services are provided
3. Third-Party Software: Required if the software includes third-party components or dependencies
4. Export Control: Include for software subject to export control regulations
5. Disaster Recovery: Optional section for critical software requiring backup and recovery procedures
6. Source Code Escrow: Include if source code escrow arrangements are part of the agreement
7. Audit Rights: Optional section allowing licensor to audit licensee's use of the software
8. High Availability Requirements: Include for mission-critical software with specific uptime requirements
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Metrics: Specific usage metrics, user types, and quantity limitations
3. Fee Schedule: Detailed breakdown of license fees, payment terms, and pricing models
4. Support Service Levels: Detailed support and maintenance terms, response times, and service levels
5. Technical Requirements: Hardware, software, and network requirements for operating the software
6. Acceptance Testing: Acceptance criteria, testing procedures, and timelines
7. Information Security Requirements: Security standards and requirements for software operation
8. Approved Subcontractors: List of approved third-party service providers or subcontractors
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Insurance
Pharmaceuticals
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Finance
Software Development
Infrastructure
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Asset Manager
Information Security Officer
Compliance Officer
Contract Manager
Enterprise Architect
IT Operations Manager
Risk Manager
Technology Procurement Specialist
Legal Operations Manager
Software Licensing Specialist
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