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.
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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
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
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
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
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