Click Wrap License Agreement Template for Austria

A Click Wrap License Agreement is essential for any software or digital service provider operating under Austrian jurisdiction who requires users to accept terms and conditions before accessing their product. This document type has become increasingly important with the growth of digital services and mobile applications, particularly given Austria's strict consumer protection laws and EU data protection requirements. The agreement must comply with the Austrian Civil Code (ABGB), E-Commerce Act (ECG), and EU GDPR, while being presented in a way that ensures valid consent through a clear affirmative action (such as clicking "I Accept"). It typically includes comprehensive terms covering license scope, usage rights, data protection, liability limitations, and termination conditions, all tailored to meet both Austrian and EU legal requirements.

1. Parties: Identification of the licensor (software provider/company) and the user (licensee) who will be bound by the agreement

2. Background: Brief context explaining the software/service being licensed and the purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Software', 'License', 'User', 'Terms of Service', etc.

4. Acceptance of Terms: Clear statement that by clicking 'I Accept' or similar action, the user agrees to be bound by the terms

5. License Grant: Scope and nature of the license being granted, including usage rights and restrictions

6. User Obligations: User's responsibilities and acceptable use policies

7. Intellectual Property Rights: Statement of ownership and IP rights retention by the licensor

8. Privacy and Data Protection: GDPR-compliant provisions regarding collection, processing, and protection of user data

9. Disclaimers and Warranties: Limitations of warranties and disclaimers of liability

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes