The Software Subscription Agreement is essential for businesses providing or subscribing to software services under Danish jurisdiction. This document type has become increasingly important with the shift from traditional software licensing to subscription-based SaaS models. It should be used when establishing a recurring relationship for software service delivery, whether for cloud-based applications, platform services, or regularly updated software products. The agreement addresses critical elements required under Danish and EU law, including GDPR compliance, consumer protection, and e-commerce regulations. It covers essential aspects such as service levels, support obligations, data processing terms, and intellectual property rights, while incorporating specific Danish legal requirements and business practices. This agreement type is particularly relevant for Danish companies or international organizations operating in Denmark who need to ensure their software subscription services comply with local legal frameworks.
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Key Requirements PROMPT example:
Software Subscription Agreement
I need a Software Subscription Agreement under Danish law for our enterprise-grade data analytics platform, launching in March 2025, with enhanced security provisions for financial sector clients and GDPR-compliant data processing terms for handling sensitive financial data.
1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the software service being provided
3. Definitions: Key terms used throughout the agreement, including technical terms, service levels, and subscription-specific terminology
4. Subscription Grant: Scope of the subscription, license terms, and usage rights granted to the customer
5. Subscription Term and Renewal: Duration of the subscription, renewal terms, and termination notice periods
6. Fees and Payment: Subscription costs, payment terms, billing cycles, and late payment consequences
7. Service Levels and Support: Performance standards, availability commitments, and support services provided
8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
9. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations
10. Intellectual Property Rights: Ownership of IP, restrictions on use, and protection of proprietary rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service warranties, performance guarantees, and limitation of warranties
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Term and Termination: Agreement duration, termination rights, and consequences of termination
15. General Provisions: Standard legal provisions including governing law, dispute resolution, and assignment rights
1. Professional Services: Include when additional implementation, customization, or consulting services are provided
2. Service Credits: Include when offering financial compensation for service level failures
3. Disaster Recovery: Include for business-critical applications requiring specific recovery commitments
4. Security Requirements: Include when specific security standards or certifications are required
5. Audit Rights: Include when customer requires rights to audit service provider's compliance or security
6. Insurance Requirements: Include for enterprise customers requiring specific insurance coverage
7. Sub-processors: Include when third-party processors will be used for data processing
8. Source Code Escrow: Include when source code escrow arrangements are required
9. Training and Documentation: Include when specific training or documentation deliverables are part of the subscription
1. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and service credit calculations
2. Data Processing Agreement: Detailed GDPR-compliant data processing terms and obligations
3. Technical Specifications: Detailed description of the software functionality and technical requirements
4. Support Services Description: Detailed support levels, response times, and escalation procedures
5. Pricing Schedule: Detailed pricing tiers, volume discounts, and additional service fees
6. Security Policy: Detailed security measures, protocols, and compliance requirements
7. Acceptable Use Policy: Detailed rules and restrictions for use of the software service
8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
9. Service Implementation Plan: Timeline and milestones for service implementation and go-live
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Financial Services
Healthcare
Professional Services
E-commerce
Education
Manufacturing
Telecommunications
Retail
Media and Entertainment
Legal Services
Consulting
Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Sales
Information Security
Compliance
Product Development
Operations
Risk Management
Customer Success
Technical Support
Business Development
Data Protection
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Contract Manager
Information Security Officer
Data Protection Officer
Sales Director
Account Executive
Product Manager
Operations Manager
Risk Manager
Compliance Officer
Business Development Manager
Technical Account Manager
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