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.
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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
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
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
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
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