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Software License Reseller Agreement

Software License Reseller Agreement Template for Austria

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Key Requirements PROMPT example:

Software License Reseller Agreement

"I need a Software License Reseller Agreement under Austrian law for my cloud-based accounting software, with exclusive distribution rights in Austria and Germany, including specific provisions for SaaS deployment and GDPR compliance."

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Document background
The Software License Reseller Agreement is essential for software companies looking to expand their distribution channels in Austria and potentially other territories. This document is specifically designed to comply with Austrian legal requirements, including the Austrian Commercial Code (UGB) and Commercial Agents Act (HVertrG), while also addressing EU-wide regulations such as GDPR. It establishes the legal and commercial framework for software distribution, defining the relationship between the software owner and reseller, including rights granted, territorial limitations, pricing structures, and compliance requirements. The agreement is particularly important for software companies utilizing indirect sales channels, ensuring proper protection of intellectual property rights while enabling effective market penetration through authorized resellers.
Suggested Sections

1. Parties: Identification of the Licensor (software owner) and Reseller, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of the software and the parties' intention to enter into a reseller arrangement

3. Definitions: Key terms used throughout the agreement, including Software, Territory, End Users, License Fees, etc.

4. Appointment and Scope: Terms of reseller appointment, whether exclusive or non-exclusive, and defined territory

5. Grant of Rights: Specific rights granted to reseller, including right to market, distribute and sub-license the software

6. Reseller Obligations: Key responsibilities including marketing, reporting, minimum purchase commitments, and compliance with licensor's policies

7. Licensor Obligations: Support, training, and marketing assistance provided by the licensor

8. Financial Terms: Pricing, payment terms, currency, taxes, and commission structure

9. Intellectual Property Rights: Protection of licensor's IP, permitted use of trademarks, and handling of infringement

10. Confidentiality: Protection of confidential information exchanged between parties

11. Data Protection: GDPR compliance and data handling requirements

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

13. Post-Termination: Obligations and rights after agreement ends

14. General Provisions: Standard clauses including governing law, dispute resolution, force majeure, and notices

Optional Sections

1. Marketing and Promotion: Detailed marketing requirements and commitments - include when specific marketing obligations are crucial

2. Service Level Agreement: Specific performance metrics and support levels - include when providing detailed technical support

3. Audit Rights: Right to audit reseller's records and compliance - include for high-value or complex arrangements

4. Insurance: Insurance requirements - include when dealing with enterprise software or high-risk applications

5. Source Code Escrow: Source code protection arrangements - include for enterprise-level agreements

6. Anti-Corruption: Specific anti-corruption provisions - include when dealing with public sector or high-risk territories

7. Change Control: Procedures for managing changes to software - include for complex or customizable software

8. Professional Services: Additional services beyond basic reselling - include when reseller provides implementation or customization services

Suggested Schedules

1. Software Description: Detailed description of software products covered by the agreement

2. License Terms: Standard end-user license terms that reseller must incorporate in sub-licenses

3. Territory Definition: Detailed description of geographical or market territory covered

4. Commission Structure: Detailed breakdown of commission rates and calculation methods

5. Service Level Requirements: Technical support and service level specifications

6. Trademark Usage Guidelines: Rules and guidelines for using licensor's trademarks and branding

7. Minimum Performance Requirements: Specific sales targets and performance metrics

8. Technical Requirements: Technical specifications and requirements for reselling the software

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
Agreement
Authorized Purpose
Business Day
Confidential Information
Documentation
Effective Date
End User
End User Agreement
End User License
Fees
Force Majeure Event
GDPR
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Software
Licensor Materials
Marks
Minimum Performance Requirements
Net Sales
New Version
Personal Data
Purchase Order
Resale Price
Reseller
Reseller Territory
Revenue Share
Service Level Requirements
Software
Software Updates
Source Code
Specifications
Sub-License
Support Services
Technical Requirements
Term
Territory
Third Party Software
Trade Secrets
Updates
Upgrade
User Documentation
VAT
Working Hours
Clauses
Appointment
Assignment
Audit Rights
Authority
Change Control
Compliance
Confidentiality
Data Protection
Definitions
Dispute Resolution
Entire Agreement
Export Control
Fees and Payment
Force Majeure
General
Governing Law
Grant of Rights
Indemnification
Insurance
Intellectual Property
Liability
License Grant
Marketing
Notices
Obligations
Performance Requirements
Quality Control
Records and Reporting
Representations and Warranties
Severability
Support Services
Term and Termination
Territory
Third Party Rights
Training
Use of Trademarks
Variation
Waiver
Relevant Industries

Information Technology

Software Development

Technology Distribution

Enterprise Software

Cloud Services

Digital Solutions

E-commerce

Systems Integration

Business Software

Technology Consulting

Software as a Service (SaaS)

Value-Added Services

Technology Retail

Relevant Teams

Legal

Sales

Business Development

Channel Management

Partner Relations

Compliance

Commercial Operations

Software Distribution

Contract Administration

Partner Management

Revenue Operations

Licensing Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Commercial Director

Sales Director

Channel Manager

Business Development Manager

Software Licensing Manager

Partner Relations Manager

Compliance Officer

Contract Manager

Partnership Director

Distribution Manager

Regional Sales Manager

Software Sales Executive

Legal Operations Manager

Industries
Austrian Civil Code (ABGB): Fundamental law governing contracts, legal transactions, and civil law matters in Austria. Particularly relevant for contract formation, validity, and general contractual obligations.
Austrian Commercial Code (UGB): Regulates commercial transactions and business relationships between merchants, including specific provisions for commercial agents and distributors.
Austrian Copyright Act (Urheberrechtsgesetz): Governs intellectual property rights, particularly relevant for software licensing and distribution rights.
EU General Data Protection Regulation (GDPR): Regulates data protection and privacy requirements, crucial for software distribution and customer data handling.
Austrian Data Protection Act (DSG): National implementation of data protection requirements, complementing GDPR provisions.
EU Consumer Rights Directive: Provides framework for consumer protection in EU, particularly relevant if end-users include consumers.
Austrian Consumer Protection Act (KSchG): National consumer protection legislation, applicable when dealing with end-users who are consumers.
Austrian E-Commerce Act (ECG): Regulates electronic business transactions and online commerce, relevant for digital distribution of software.
EU Software Directive (2009/24/EC): Provides framework for software copyright protection in the EU, crucial for software licensing arrangements.
Austrian Commercial Agents Act (HVertrG): Specific regulations for commercial agents and resellers, including mandatory provisions for compensation and termination.
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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