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Software Partner Agreement

Software Partner Agreement Template for Austria

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Key Requirements PROMPT example:

Software Partner Agreement

"I need a Software Partner Agreement governed by Austrian law for appointing an exclusive reseller of our enterprise software solutions in the DACH region, with specific provisions for 30% revenue sharing and quarterly performance targets, to be effective from March 1, 2025."

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Document background
The Software Partner Agreement is essential for businesses operating in Austria's technology sector, establishing formal partnerships for software distribution, implementation, or reselling. This document is typically used when a software provider wants to expand their market reach through authorized partners while maintaining control over their intellectual property and ensuring consistent service quality. The agreement must comply with Austrian legal requirements, including the Civil Code (ABGB), Commercial Code (UGB), Data Protection Act (DSG), and relevant EU regulations like GDPR. It covers critical aspects such as partnership scope, licensing, revenue sharing, support obligations, data protection, and territorial rights, while addressing specific Austrian legal requirements for commercial partnerships.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the partnership and general objectives

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of partnership appointment and territorial scope

5. License Grant: Software licensing terms and usage rights

6. Partner Obligations: Core responsibilities and commitments of the partner

7. Provider Obligations: Core responsibilities and commitments of the software provider

8. Financial Terms: Pricing, revenue sharing, and payment terms

9. Intellectual Property Rights: IP ownership, protection, and usage rights

10. Data Protection and Security: GDPR compliance and data security measures

11. Confidentiality: Protection of confidential information

12. Term and Termination: Duration, renewal, and termination provisions

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

14. General Provisions: Standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Marketing and Promotion: Terms for marketing activities and brand usage - include if partner will conduct marketing activities

2. Service Levels: Specific performance metrics and support standards - include if providing technical support services

3. Training: Training obligations and requirements - include if partner requires software training

4. Insurance: Insurance requirements - include for high-value or high-risk partnerships

5. Source Code Escrow: Source code escrow arrangements - include if partner requires business continuity protection

6. Professional Services: Terms for additional professional services - include if partner will provide implementation or consulting services

7. Compliance with Laws: Specific regulatory compliance obligations - include if operating in regulated industries

Suggested Schedules

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

2. Commercial Terms: Detailed pricing, commission structures, and payment terms

3. Service Level Agreement: Detailed support and maintenance service levels

4. Technical Requirements: Minimum technical specifications and requirements

5. Data Processing Agreement: GDPR-compliant data processing terms and details

6. Territory and Exclusivity: Detailed description of territorial rights and any exclusivity provisions

7. Partner Certification Requirements: Required certifications and qualifications for partner status

8. Approved Marketing Materials: Pre-approved marketing content and brand guidelines

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 Users
Business Day
Confidential Information
Documentation
Effective Date
End User
End User Agreement
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Partner
Partner Portal
Personal Data
Professional Services
Provider
Revenue Share
Service Levels
Software
Source Code
Specifications
Support Services
Territory
Third Party Software
Trade Marks
Updates
Upgrades
User Data
Value Added Services
Working Hours
Relevant Industries

Information Technology

Software Development

Technology Consulting

Cloud Services

Enterprise Software

Digital Services

E-commerce

Financial Technology

Healthcare Technology

Manufacturing Technology

Telecommunications

Professional Services

Relevant Teams

Legal

Commercial

Sales

Business Development

Partner Relations

Software Development

Compliance

Information Technology

Data Protection

Finance

Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Commercial Director

Partnership Manager

Business Development Manager

Sales Director

Channel Manager

Software Development Manager

Compliance Officer

Data Protection Officer

Contract Manager

Partner Success Manager

Alliance Manager

Technology Director

Head of Sales

Industries
Austrian Civil Code (ABGB): Fundamental law governing contracts, including formation, validity, performance, and termination of contracts in Austria
Austrian Commercial Code (UGB): Regulates commercial relationships between businesses, including specific provisions for B2B contracts and commercial partnerships
Austrian Data Protection Act (DSG): National data protection law implementing and supplementing the GDPR, crucial for software agreements involving personal data processing
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation on data protection and privacy, essential for software partnerships involving personal data
Austrian Copyright Act (UrhG): Protects intellectual property rights, particularly relevant for software copyright and licensing provisions
E-Commerce Act (ECG): Regulates electronic business transactions and digital services, applicable if software is distributed or accessed online
Austrian Consumer Protection Act (KSchG): Provides consumer protection regulations, relevant if the software partnership involves B2C relationships
Federal Act against Unfair Competition (UWG): Regulates fair competition and business practices, including restrictions on unfair contractual terms
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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