Commercial Use Agreement Template for Austria

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Key Requirements PROMPT example:

Commercial Use Agreement

"I need a Commercial Use Agreement under Austrian law for licensing our enterprise software platform to corporate clients, including usage restrictions for up to 500 concurrent users and quarterly payment terms, with the agreement starting from March 1, 2025."

Document background
The Commercial Use Agreement serves as a fundamental legal instrument for businesses operating under Austrian law who wish to establish clear terms for the commercial exploitation of products, services, or intellectual property. This document is essential when one party wishes to grant another party specific commercial usage rights while maintaining control over how their assets are utilized. It is particularly relevant in scenarios involving licensing, distribution, or commercial deployment of products or services. The agreement must comply with Austrian legal requirements, including the ABGB (Civil Code), UGB (Commercial Code), and relevant consumer protection laws. It typically includes detailed terms about usage scope, payment structures, quality standards, and compliance requirements. This document type is commonly used in various commercial contexts, from software licensing to manufacturing agreements, and can be adapted to specific industry requirements while maintaining its core Austrian law compliance.
Suggested Sections

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 parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Use: Detailed description of the permitted commercial use and any restrictions

5. Grant of Rights: Specific rights being granted and any limitations on those rights

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

7. Payment Terms: Fees, payment schedule, and payment methods

8. Obligations of the Parties: Key responsibilities and obligations of each party

9. Representations and Warranties: Legal assurances and guarantees provided by each party

10. Limitation of Liability: Extent and limitations of each party's liability under the agreement

11. Confidentiality: Obligations regarding confidential information

12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

13. General Provisions: Standard legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Detailed provisions regarding IP ownership and licensing, needed when intellectual property is involved

2. Data Protection: GDPR compliance provisions, required when personal data processing is involved

3. Quality Standards: Specific quality requirements and standards, needed for products or services with quality specifications

4. Training and Support: Details of training or support services, include when technical assistance is part of the agreement

5. Insurance Requirements: Specific insurance obligations, needed for high-risk commercial activities

6. Audit Rights: Rights to audit usage or compliance, important for volume-based pricing or compliance-sensitive uses

7. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant for long-term agreements

8. Assignment and Sublicensing: Rights to transfer or sublicense, needed when flexibility in usage rights is required

Suggested Schedules

1. Schedule 1 - Commercial Terms: Detailed pricing structure, payment terms, and commercial conditions

2. Schedule 2 - Technical Specifications: Technical details of the product or service being licensed

3. Schedule 3 - Service Levels: Performance metrics and service level requirements

4. Schedule 4 - Authorized Users: List of authorized users or entities permitted to use the product/service

5. Schedule 5 - Use Restrictions: Specific limitations and restrictions on commercial use

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Reporting Requirements: Templates and requirements for usage reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology and Software

Manufacturing

Retail and Distribution

Professional Services

Media and Entertainment

Industrial Products

Consumer Goods

Healthcare and Life Sciences

Energy and Utilities

Financial Services

Telecommunications

Agriculture and Food Production

Relevant Teams

Legal

Commercial

Business Development

Sales

Procurement

Compliance

Operations

Risk Management

Intellectual Property

Contract Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Licensing Manager

Contract Administrator

Compliance Officer

Chief Legal Officer

Chief Commercial Officer

Operations Director

Product Manager

Sales Director

Procurement Manager

Risk Manager

General Counsel

IP 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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