This Non-Exclusive Software License Agreement template is designed for use under German law when a software owner (licensor) wishes to grant usage rights to their software while retaining the ability to license it to others. The agreement is particularly relevant in today's digital economy where software licensing is a common business model. It incorporates key requirements of German legislation, including the Civil Code (BGB) and Copyright Act (UrhG), while addressing modern software licensing concerns such as data protection and cyber security. The document can be customized for both B2B and B2C relationships, includes provisions for support and maintenance, and can accommodate various pricing models. It's essential for software companies operating in or targeting the German market, providing a legally compliant framework for software distribution while protecting the licensor's intellectual property rights.
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1. Parties: Identification and details of the licensor and licensee, including registered addresses and company registration 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', 'Intellectual Property Rights', and 'License Fee'
4. Grant of License: Scope and nature of the non-exclusive license, including permitted uses and territory
5. License Restrictions: Specific limitations on use, including prohibited activities and restrictions on sublicensing
6. Delivery and Installation: Terms regarding software delivery, installation procedures, and acceptance criteria
7. License Fees: Payment terms, fee structure, and payment schedule
8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
9. Warranties and Representations: Warranties regarding software functionality, compliance with specifications, and legal requirements
10. Support and Maintenance: Basic terms for technical support and software maintenance
11. Term and Termination: Duration of the license and grounds for termination
12. Data Protection: GDPR compliance and data processing terms
13. Confidentiality: Protection of confidential information exchanged during the license period
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Service Level Agreement: Detailed service levels and performance metrics - include for enterprise software or mission-critical applications
2. Source Code Escrow: Terms for source code deposit and release conditions - relevant for business-critical applications
3. Professional Services: Terms for additional implementation or customization services - include if professional services are part of the deal
4. Export Control: Export compliance terms - include if software may be subject to export restrictions
5. Consumer Protection Clauses: Additional protective clauses required by German consumer law - include for B2C licenses
6. Third-Party Software: Terms regarding incorporated third-party software - include if the software contains third-party components
7. Audit Rights: Terms allowing licensor to audit licensee's use - include for enterprise licenses or when usage-based pricing applies
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. Fee Schedule: Detailed breakdown of license fees, payment terms, and any variable pricing elements
3. Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Support Services: Detailed description of support and maintenance services, including SLAs if applicable
5. Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed
7. Implementation Plan: Timeline and milestones for software implementation, if relevant
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
E-commerce
Education
Professional Services
Telecommunications
Media and Entertainment
Government and Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Sales
Business Development
Software Development
Compliance
Product Management
Operations
Vendor Management
Relevant Roles
Chief Technology Officer
Software Licensing Manager
Legal Counsel
IT Director
Procurement Manager
Business Development Manager
Software Sales Director
Contract Manager
Intellectual Property Lawyer
Technology Consultant
Chief Information Officer
Compliance Officer
Product Manager
Software Development Manager
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