A Software Sublicense Agreement is essential when a licensed software user needs to grant usage rights to third parties while maintaining compliance with the original license terms. This document is particularly relevant in Belgian jurisdiction where specific provisions of the Code of Economic Law and EU regulations govern software licensing and distribution. The agreement typically includes detailed terms about intellectual property rights, usage limitations, technical specifications, support obligations, and data protection requirements under GDPR. It's commonly used by software resellers, distributors, and enterprises that need to extend software access to subsidiaries or clients. The document must carefully balance the rights granted under the master license with the restrictions imposed on sublicensees, while ensuring compliance with Belgian contract law and EU software licensing directives.
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1. Parties: Identification of the sublicensor and sublicensee, including registered addresses and company details
2. Background: Context of the agreement, including reference to the master license and authority to sublicense
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules
4. Grant of Sublicense: Scope of the sublicense, including territory, term, and whether exclusive or non-exclusive
5. License Restrictions: Specific limitations on use, copying, modification, and distribution of the software
6. Intellectual Property Rights: Acknowledgment of IP ownership and protection of rights
7. Payment Terms: License fees, payment schedule, and payment methods
8. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
9. Maintenance and Support: Terms of technical support, updates, and maintenance services
10. Warranties and Representations: Standard warranties regarding software functionality and authority to sublicense
11. Data Protection: GDPR compliance requirements and data processing terms
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. Liability and Indemnification: Limitation of liability clauses and indemnification obligations
14. Term and Termination: Duration of agreement, renewal terms, and termination rights
15. Post-Termination Obligations: Obligations of parties after agreement termination
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Source Code Escrow: Terms for source code escrow arrangements, used when sublicensee requires access to source code under specific conditions
2. Professional Services: Additional terms for related professional services, used when implementation or customization services are included
3. Service Level Agreement: Detailed service levels and performance metrics, used for cloud-based or hosted software
4. Audit Rights: Terms allowing sublicensor to audit sublicensee's compliance, used for high-value or high-risk licenses
5. Export Control: Export control compliance terms, used when software may be subject to international trade restrictions
6. Third Party Software: Terms regarding third-party components, used when software includes third-party elements
7. Insurance Requirements: Specific insurance obligations, used for high-value or high-risk implementations
1. Schedule 1 - Software Description: Detailed description of the licensed software, including version numbers and components
2. Schedule 2 - Technical Specifications: Technical requirements and specifications for the software
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule 4 - Support Services: Detailed description of support and maintenance services
5. Schedule 5 - Service Levels: Performance metrics and service level commitments
6. Appendix A - Upstream License Terms: Relevant terms from the master license agreement that flow down to the sublicense
7. Appendix B - Acceptable Use Policy: Guidelines and restrictions for software usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Commercial Operations
Business Development
Contract Management
Risk Management
Vendor Management
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Commercial Director
Compliance Officer
Software Asset Manager
Business Development Manager
Contract Administrator
IP Rights Manager
Technology Transfer Officer
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