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Software License And Maintenance Agreement for the Netherlands

Software License And Maintenance Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions for software licensing and ongoing maintenance services. This document details the rights granted to use the software, usage restrictions, intellectual property rights, and the scope of maintenance services including updates, technical support, and service levels. It incorporates Dutch legal requirements and EU regulations, particularly regarding data protection and consumer rights where applicable. The agreement typically includes specific provisions for performance warranties, liability limitations, and termination rights, all structured within the framework of Dutch civil law and relevant EU directives.

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Software License And Maintenance Agreement

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What is a Software License And Maintenance Agreement?

The Software License And Maintenance Agreement is a critical document used when a software provider wishes to license their software products and provide ongoing maintenance services to customers in the Netherlands or under Dutch law. This agreement combines two essential elements: the license grant that permits the use of the software under specific terms, and the maintenance provisions that ensure continued support and updates. It is particularly relevant in today's digital economy where software solutions require ongoing support and updates to maintain their value and functionality. The document needs to comply with Dutch civil law requirements, EU software directives, and data protection regulations, while also addressing practical aspects such as service levels, technical support, and update procedures. This agreement type is commonly used in both B2B and B2C contexts, though the terms and protections may vary significantly depending on the customer type.

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

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, including brief description of the software and purpose of the license

3. Definitions: Defined terms used throughout the agreement, including Software, Documentation, Maintenance Services, Updates, etc.

4. License Grant: Scope of the software license, including type (perpetual/term), territory, and usage restrictions

5. License Restrictions: Specific prohibitions and limitations on use of the software

6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance testing

7. Maintenance Services: Description of maintenance services, including updates, patches, and technical support

8. Service Levels: Performance standards, response times, and service availability commitments

9. Fees and Payment: License fees, maintenance fees, payment terms, and invoicing procedures

10. Intellectual Property Rights: Ownership of IP rights, protection measures, and infringement procedures

11. Warranties: Software performance warranties, service level warranties, and warranty disclaimers

12. Liability and Indemnification: Limitation of liability, mutual indemnifications, and exclusions

13. Confidentiality: Protection of confidential information exchanged under the agreement

14. Term and Termination: Duration of agreement, renewal terms, and termination rights

15. Effects of Termination: Consequences of termination, including data return and software removal

16. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

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

1. Data Protection: Required when software processes personal data, covering GDPR compliance and data processing terms

2. Third-Party Software: Include when the software incorporates third-party components, describing associated terms and restrictions

3. Source Code Escrow: Optional section for critical software where source code escrow arrangements are required

4. Professional Services: Include when additional implementation or customization services are provided

5. Export Control: Required for software subject to export control regulations

6. Disaster Recovery: Important for business-critical software, detailing disaster recovery and business continuity provisions

7. Audit Rights: Include when licensor requires rights to audit licensee's use of the software

8. Training: Include when training services are part of the agreement

9. Cloud Services: Required when software includes cloud-based components or services

10. Security Requirements: Include for software handling sensitive data or requiring specific security measures

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

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. Maintenance Service Levels: Detailed service level agreements, response times, and performance metrics

3. Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment schedule

4. Technical Requirements: Hardware, software, and network requirements for the software

5. Support Procedures: Detailed procedures for requesting and receiving technical support

6. Acceptance Testing: Acceptance testing procedures and criteria

7. Data Processing Agreement: Detailed terms for personal data processing in compliance with GDPR

8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures

9. Security Standards: Detailed security requirements and standards to be maintained

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

Netherlands

Publisher

Ƶ

Document Type

License Agreement

Cost

Free to use
Relevant legal definitions






























































Clauses













































Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Professional Services

Education

Government

Energy

Transportation

E-commerce

Media and Entertainment

Construction

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Software Development

Operations

Commercial

Compliance

Technical Support

Service Delivery

Vendor Management

Product Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Development Manager

Commercial Director

Contracts Manager

Information Security Officer

Data Protection Officer

IT Service Manager

Solutions Architect

Software License Manager

Vendor Management Officer

Technical Operations Manager

Chief Information Officer

Head of Legal

Business Development 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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