SaaS License Agreement

SaaS License Agreement Template for Denmark

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This SaaS License Agreement template is designed for use under Danish law when establishing a contractual relationship for the provision of cloud-based software services. It should be used when a software provider wishes to grant access to their cloud-based solution to customers in Denmark or when Danish law is the chosen governing law. The agreement includes essential provisions required under Danish law and EU regulations, particularly addressing GDPR compliance, data processing requirements, and e-commerce regulations. The SaaS License Agreement covers critical aspects such as service access, usage rights, service levels, support, maintenance, data protection, and commercial terms. It's structured to protect both parties' interests while ensuring regulatory compliance in the Danish market.

Suggested Sections

1. Parties: Identification of the contracting parties including registered addresses and company numbers

2. Background: Context of the agreement and brief description of the SaaS service being provided

3. Definitions: Defined terms used throughout the agreement including Software, Services, Authorized Users, etc.

4. License Grant: Scope of the license, permitted use, and access rights to the SaaS solution

5. Service Provision: Details of service delivery, availability, and maintenance

6. Customer Obligations: Customer responsibilities, acceptable use policy, and user management

7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

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

9. Intellectual Property Rights: Ownership of IP, restrictions, and customer data rights

10. Confidentiality: Protection of confidential information and trade secrets

11. Service Levels: Performance standards, availability metrics, and support services

12. Term and Termination: Duration, renewal, termination rights, and consequences

13. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations

14. Force Majeure: Events beyond reasonable control and their impact on obligations

15. General Provisions: Governing law, jurisdiction, notices, and standard boilerplate clauses

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are provided alongside the SaaS

2. Service Credits: Include when offering financial compensation for service level failures

3. Disaster Recovery: Include for critical systems requiring specific recovery procedures

4. Security Requirements: Include when specific security certifications or standards must be maintained

5. Customer Data Migration: Include when data migration services are offered at start or end of contract

6. Third-Party Integrations: Include when the SaaS solution interfaces with third-party services

7. Custom Development: Include when bespoke development or customization is offered

8. Marketing Rights: Include when seeking rights to use customer name for marketing purposes

Suggested Schedules

1. Service Description: Detailed description of the SaaS solution and its functionality

2. Service Level Agreement: Detailed performance metrics, response times, and service credits

3. Support Services: Support levels, processes, and contact information

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

5. Technical Requirements: System requirements and technical specifications

6. Fee Schedule: Detailed pricing, payment terms, and calculation methods

7. Security Policy: Security measures, protocols, and compliance requirements

8. Exit Plan: Procedures for service termination and data retrieval

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