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Retail Software License Template for Germany

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Key Requirements PROMPT example:

Retail Software License

"I need a Retail Software License agreement for my photo editing desktop application, which will be sold to German consumers through our website with a one-time payment model and includes a 30-day free trial period starting January 2025."

Document background
This Retail Software License agreement is designed for use in the German market where software providers distribute their products to individual consumers. It incorporates mandatory requirements under German civil law (BGB), EU consumer protection regulations, and digital content directives. The agreement is specifically structured to address B2C relationships, including mandatory withdrawal rights, warranty provisions, and clear terms regarding software usage, installation, and support. It should be used whenever software is licensed to retail customers in Germany, ensuring compliance with local consumer protection laws while protecting the software provider's intellectual property rights. The document includes provisions for digital delivery, data protection, and consumer dispute resolution as required under German law.
Suggested Sections

1. Parties: Identification of the licensor (software company) and licensee (retail customer)

2. Background: Brief context of the agreement and software being licensed

3. Definitions: Key terms used throughout the agreement

4. License Grant: Scope and nature of the software license, including usage rights and restrictions

5. License Fee and Payment: Price, payment terms, and any recurring fees

6. Delivery and Installation: How the software will be delivered and installed

7. Usage Rights and Restrictions: Detailed terms of permitted use and restrictions

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

9. Warranty and Liability: Warranty terms and limitation of liability under German law

10. Term and Termination: Duration of license and termination conditions

11. Right of Withdrawal: Consumer's right to withdraw from the contract as per EU law

12. Governing Law and Jurisdiction: Application of German law and jurisdiction

Optional Sections

1. Data Protection: Required if the software processes personal data, addressing GDPR requirements

2. Maintenance and Support: Include if ongoing support services are offered

3. Updates and Upgrades: Include if the license includes rights to software updates

4. Third-Party Software: Required if the software incorporates third-party components

5. Export Controls: Include if the software is subject to export restrictions

6. Alternative Dispute Resolution: Information about ADR options for consumer disputes

7. Electronic Communication Consent: Include if communications will be primarily electronic

Suggested Schedules

1. Software Description: Detailed description of the licensed software and its features

2. System Requirements: Technical requirements for running the software

3. Price List: Detailed pricing information including any optional features

4. Privacy Notice: Detailed privacy policy if personal data is processed

5. Support Service Levels: Details of support services if included in the license

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

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Relevant Industries

Software Development

Consumer Electronics

Digital Entertainment

E-commerce

Gaming

Productivity Software

Educational Technology

Mobile Applications

Creative Software

Business Applications

Financial Technology

Healthcare Technology

Relevant Teams

Legal

Sales

Product Management

Compliance

Customer Success

Software Development

Commercial Operations

Business Development

Privacy & Data Protection

Distribution

Technical Support

Relevant Roles

Legal Counsel

Software Licensing Manager

Product Manager

Sales Director

Compliance Officer

Privacy Officer

Customer Success Manager

Commercial Director

Business Development Manager

Digital Rights Manager

Contract Administrator

Software Development Manager

Chief Technology Officer

General Counsel

Retail Operations Manager

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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