Software License And Service Agreement Template for Austria

The Software License And Service Agreement is essential for organizations providing or procuring software solutions in Austria. This document is typically used when a software provider wishes to license their software products while also providing associated services such as maintenance, support, or implementation services. The agreement must comply with Austrian civil law requirements, EU regulations (particularly GDPR), and specific software licensing provisions under Austrian copyright law. It addresses modern software delivery methods, including cloud-based solutions, and provides comprehensive coverage of intellectual property rights, data protection, service levels, and support obligations. The document is particularly important in the context of Austria's growing technology sector and its position within the EU digital single market.

1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of terms used throughout the agreement

4. License Grant: Scope, nature, and limitations of the software license, including territory and user restrictions

5. Services: Description of services to be provided, including maintenance, support, and any professional services

6. Fees and Payment: License fees, service fees, payment terms, and invoicing procedures

7. Intellectual Property Rights: Rights ownership, protection of IP, and restrictions on use

8. Data Protection and Privacy: GDPR compliance, data processing terms, and data security obligations

9. Confidentiality: Protection of confidential information and trade secrets

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

11. Customer Obligations: Customer responsibilities and acceptable use requirements

12. Warranties and Representations: Warranties regarding software and services, including compliance with laws

13. Limitation of Liability: Limitations and exclusions of liability under Austrian law

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

15. Force Majeure: Provisions for unforeseen circumstances preventing performance

16. General Provisions: Standard legal provisions including notices, assignment, and entirety of agreement

17. Governing Law and Jurisdiction: Specification of Austrian law governance and jurisdiction for disputes