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Computer Software License

Computer Software License Template for Austria

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Key Requirements PROMPT example:

Computer Software License

"I need a Computer Software License agreement under Austrian law for enterprise-wide deployment of our security monitoring software to a financial services client, including GDPR compliance requirements and source code escrow provisions."

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Document background
This Computer Software License agreement is designed for use in situations where software is being licensed to users or organizations under Austrian law. It provides a legally robust framework for protecting the intellectual property rights of software owners while granting specific usage rights to licensees. The document encompasses essential elements required under Austrian legal requirements, including provisions from the Austrian Civil Code (ABGB), Copyright Act (Urheberrechtsgesetz), and relevant EU regulations. It's particularly suitable for both business-to-business and business-to-consumer software licensing arrangements, with flexibility to accommodate various licensing models such as perpetual, subscription-based, or user-based licensing. The agreement includes comprehensive terms for software usage, maintenance, technical specifications, and data protection compliance.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal details

2. Background: Context of the agreement and brief description of the software

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

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

5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

6. License Fees and Payment: Payment terms, fee structure, and payment schedules

7. Term and Termination: Duration of the license and circumstances for termination

8. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software

9. Technical Requirements: Minimum system requirements and technical specifications

10. Warranties and Representations: Warranties provided for the software and disclaimer of warranties

11. Limitation of Liability: Limitations on liability and indemnification provisions

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data processing terms

14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Multi-User License Terms: Additional terms for multiple user licenses or enterprise-wide deployment

2. Maintenance and Support: Terms for ongoing maintenance and technical support services

3. Custom Development: Terms for any customization or bespoke development of the software

4. Service Level Agreement: Specific performance standards and response times for software functionality

5. Third-Party Software: Terms relating to incorporated third-party software components

6. Export Controls: Compliance with export control regulations for international use

7. Training and Implementation: Terms for user training and implementation services

8. Disaster Recovery: Provisions for backup and recovery procedures

9. Source Code Escrow: Terms for source code escrow arrangements if applicable

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software and its functionality

2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure

3. Schedule 3 - Technical Specifications: Detailed technical requirements and specifications

4. Schedule 4 - Support Services: Description of support services and service levels

5. Schedule 5 - Authorized Users: List of authorized users or user categories if applicable

6. Appendix A - Acceptable Use Policy: Detailed rules for acceptable use of the software

7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and details

8. Appendix C - Security Requirements: Specific security requirements and protocols

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure
Implementation Services
Intellectual Property Rights
License
License Key
License Term
Licensed Software
Maintenance Services
Open Source Software
Personal Data
Security Breach
Service Level Agreement
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Support
Term
Territory
Third-Party Software
Update
Upgrade
User Manual
Working Hours
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Government

Media and Entertainment

Transportation and Logistics

Energy and Utilities

Research and Development

Construction

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Operations

Information Security

Software Development

Contract Administration

Data Protection

Business Development

Project Management

Quality Assurance

Finance

Enterprise Architecture

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Procurement Manager

Software Licensing Manager

Compliance Officer

Contract Administrator

Chief Information Officer

IT Security Manager

Business Development Manager

Project Manager

Risk Manager

Data Protection Officer

Software Asset Manager

Operations Director

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contract law, including formation, validity, and general contractual obligations
Austrian Copyright Act (Urheberrechtsgesetz): Governs intellectual property rights, including software copyright protection and licensing provisions
Austrian Consumer Protection Act (Konsumentenschutzgesetz): Applies when licensing software to consumers, providing additional protection and specific requirements for B2C contracts
EU General Data Protection Regulation (GDPR): Relevant for software that processes personal data, implemented in Austria through the Data Protection Act (Datenschutzgesetz)
Austrian Commercial Code (Unternehmensgesetzbuch): Applies to B2B software licensing transactions and contains specific provisions for commercial contracts
E-Commerce Act (E-Commerce-Gesetz): Relevant for software licensed electronically or online, implementing EU E-Commerce Directive
Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz): Applies to software licenses sold remotely or online to consumers
EU Software Directive (2009/24/EC): Implemented in Austrian copyright law, providing specific provisions for software protection and licensing
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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