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Software License And Service Agreement for Germany

Software License And Service Agreement Template for Germany

A comprehensive legal agreement governed by German law that combines software licensing terms with ongoing service provisions. The document establishes the terms under which software is licensed to users and defines the scope of associated services, including maintenance, support, and updates. It incorporates specific requirements of German contract law, copyright law (Urheberrechtsgesetz), and data protection regulations (DSGVO), while addressing key aspects such as liability limitations, warranty terms, and service level commitments in compliance with German legal framework.

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Software License And Service Agreement

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What is a Software License And Service Agreement?

The Software License And Service Agreement is essential for any business providing software solutions with ongoing services in Germany. It serves as the primary contractual framework governing both the licensing of software products and the provision of related services such as maintenance, updates, and technical support. This document is particularly crucial in the German market as it must comply with specific requirements of German contract law, including strict regulations on general terms and conditions (AGB-Recht), copyright protection (Urheberrechtsgesetz), and data protection (DSGVO). It's commonly used in B2B transactions where software providers want to establish clear terms for both the software usage rights and the ongoing service relationship with their customers. The agreement typically includes detailed provisions on license scope, service levels, fee structures, and liability limitations, all tailored to meet German legal requirements.

What sections should be included in a Software License And Service Agreement?

1. Parties: Identification of the contracting parties with full legal names and addresses

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

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

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

5. Services: Description of services to be provided, including maintenance and support

6. Fees and Payment: Payment terms, fee structure, and invoicing details

7. Intellectual Property Rights: IP ownership, protection, and related warranties

8. Customer Obligations: Customer responsibilities and usage restrictions

9. Data Protection and Security: GDPR compliance, data processing terms, and security measures

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Disclaimers: Software and service warranties, conforming to German law requirements

12. Liability and Indemnification: Limitation of liability provisions compliant with German law

13. Term and Termination: Contract duration, renewal terms, and termination rights

14. Force Majeure: Events excusing performance under German law

15. General Provisions: Governing law, jurisdiction, severability, and entire agreement

What sections are optional to include in a Software License And Service Agreement?

1. Third-Party Software: Terms relating to third-party software components, used when the software includes third-party elements

2. Professional Services: Additional terms for professional services like implementation or training, included when such services are part of the agreement

3. Hardware Requirements: Specific hardware requirements for software operation, included when there are specific technical prerequisites

4. Source Code Escrow: Terms for source code escrow arrangements, used for business-critical software

5. Export Control: Export control provisions, included when software is subject to export regulations

6. Insurance: Insurance requirements, included for high-value or high-risk implementations

7. Marketing Rights: Terms for reference rights and marketing use, optional for business relationships

What schedules should be included in a Software License And Service Agreement?

1. Schedule 1 - Software Description: Detailed description of the licensed software and its components

2. Schedule 2 - Service Level Agreement: Detailed service levels, support terms, and performance metrics

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

4. Schedule 4 - Technical Requirements: Technical specifications and system requirements

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Support and Maintenance Terms: Detailed support and maintenance procedures

7. Appendix A - Authorized Users: Definition and limitations of authorized users

8. Appendix B - Territory: Geographic scope of license and service provision

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions













































Clauses



































Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

E-commerce

Automotive

Insurance

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Information Security

Software Development

Vendor Management

Commercial Operations

Risk Management

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Software License Manager

Contract Administrator

Information Security Officer

Data Protection Officer

Commercial Director

Chief Information Officer

Vendor Management Officer

IT Project Manager

Head of Legal

Chief Financial Officer

Software Asset 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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