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Private Software License

Private Software License Template for Germany

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Key Requirements PROMPT example:

Private Software License

"I need a Private Software License agreement for my AI-powered analytics software, which will be licensed to enterprise customers in Germany starting March 2025, with specific provisions for data protection and API access restrictions."

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Document background
This Private Software License agreement is designed for use in Germany and incorporates requirements from German civil law, copyright law, and EU regulations. It serves as the primary legal instrument for software owners to grant usage rights while protecting their intellectual property. The document is essential when a software owner wishes to license their software to users while maintaining ownership and controlling usage terms. It includes critical provisions about license scope, usage restrictions, warranties, and liability limitations as required under German law. The agreement is particularly important given Germany's strict requirements regarding standard terms (AGB-Gesetz) and consumer protection, while also accommodating B2B relationships. It should be used whenever software is being licensed to third parties in Germany or when German law is chosen as the governing law.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal details

2. Background: Context of the agreement and brief description of the software

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope of the license, permitted uses, and restrictions

5. Intellectual Property Rights: Ownership of IP and protection of rights

6. License Fees: Payment terms, pricing, and payment schedule

7. Licensee Obligations: Responsibilities and restrictions on the licensee's use

8. Warranties and Representations: Warranties provided and disclaimers in accordance with German law

9. Liability and Indemnification: Limitation of liability and indemnification provisions

10. Term and Termination: Duration, renewal, and termination conditions

11. Confidentiality: Protection of confidential information

12. General Provisions: Boilerplate clauses including governing law, jurisdiction, and notices

Optional Sections

1. Maintenance and Support: Terms for ongoing support and maintenance services, if offered

2. Data Protection: GDPR compliance provisions if personal data is processed

3. Installation and Acceptance: Process for software installation and acceptance testing, if relevant

4. Third-Party Components: Terms relating to third-party software components, if any

5. Source Code Escrow: Provisions for source code escrow if agreed

6. Service Levels: Performance standards and metrics if applicable

7. Export Control: Export restrictions and compliance if internationally used

8. Training: Terms for user training if provided

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software

2. Schedule 2 - License Fees: Detailed pricing structure and payment terms

3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications

4. Schedule 4 - Support Services: Details of support and maintenance services if provided

5. Schedule 5 - Service Levels: Detailed service level commitments if applicable

6. Appendix A - Authorized Users: List of authorized users or user categories if restricted

7. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing terms if required

Authors

Alex Denne

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

alex.den.21@genieai.co
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