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Software Partnership Agreement

Software Partnership Agreement Template for Austria

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Key Requirements PROMPT example:

Software Partnership Agreement

"I need a Software Partnership Agreement for a joint venture between my AI software development company and a cloud infrastructure provider, with specific provisions for revenue sharing and joint IP ownership, planned to commence on March 1, 2025."

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Document background
The Software Partnership Agreement is a crucial document for entities seeking to formalize their collaboration in the software industry under Austrian jurisdiction. It is particularly relevant when two or more companies wish to combine their expertise, resources, or market presence in software-related ventures. This agreement addresses key aspects such as IP rights allocation, revenue sharing mechanisms, operational responsibilities, and compliance with Austrian and EU regulations (including GDPR and software licensing laws). The document is essential for partnerships involving software development, distribution, implementation, or maintenance, providing a clear framework for both technical and commercial collaboration while ensuring legal compliance with Austrian civil and commercial codes. It's commonly used for joint ventures, strategic alliances, or development partnerships in the software sector.
Suggested Sections

1. Parties: Identification of all parties to the agreement with full legal names and addresses

2. Background: Context of the partnership, including the purpose and objectives of the collaboration

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

4. Partnership Structure: Legal form of partnership, roles, and responsibilities of each partner

5. Scope of Collaboration: Detailed description of the software products/services covered and partnership activities

6. Intellectual Property Rights: Ownership, licensing, and usage rights of software and related IP

7. Financial Terms: Revenue sharing, costs, expenses, and payment terms

8. Operational Requirements: Day-to-day operations, decision-making processes, and management structure

9. Representations and Warranties: Partners' assertions regarding their capacity, rights, and compliance

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Data Protection: GDPR compliance and data handling requirements

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

14. General Provisions: Standard legal clauses including notices, amendments, and severability

Optional Sections

1. Marketing and Promotion: Terms for joint marketing activities and brand usage - include if partners plan joint marketing

2. Service Level Agreement: Specific performance metrics and service standards - include for operational software

3. Third-Party Integration: Terms for integration with third-party software - include if relevant to the partnership

4. Training and Support: Requirements for technical training and ongoing support - include for complex software

5. Insurance: Insurance requirements and coverage - include for high-risk projects

6. Export Control: Export control compliance - include for international operations

7. Source Code Escrow: Source code custody arrangements - include for critical software

8. Non-Competition: Restrictions on competitive activities - include if partners request exclusivity

Suggested Schedules

1. Schedule A - Software Specifications: Detailed technical specifications of the software

2. Schedule B - Development Milestones: Timeline and deliverables for software development

3. Schedule C - Financial Model: Detailed revenue sharing calculations and financial projections

4. Schedule D - Service Levels: Detailed performance metrics and service standards

5. Schedule E - Support Services: Description of support and maintenance services

6. Schedule F - Licensed IP: List of licensed intellectual property and usage terms

7. Appendix 1 - Contact Details: Key contact information for all parties

8. Appendix 2 - Technical Requirements: Detailed technical requirements and specifications

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
Applicable Law
Background IP
Business Day
Confidential Information
Development Schedule
Documentation
Effective Date
Foreground IP
Force Majeure
Intellectual Property Rights
Licensed Software
Maintenance Services
Partnership
Partnership Committee
Partnership Period
Personal Data
Project Plan
Revenue Share
Services
Software
Software Specifications
Source Code
Support Services
Technical Information
Term
Territory
Third Party Software
Updates
Upgrades
User Data
Working Hours
API
Acceptance Criteria
Bug
Commercial Release
Deliverables
Development Environment
Error
Implementation Services
Integration
Interface
Milestone
Net Revenue
Production Environment
Quality Standards
Release
Service Levels
Specifications
Test Environment
User Interface
Clauses
Interpretation
Partnership Structure
Scope of Partnership
Intellectual Property Rights
Software Development
Software Licensing
Service Levels
Technical Support
Maintenance
Revenue Sharing
Payment Terms
Partnership Governance
Confidentiality
Data Protection
Warranties
Indemnification
Liability
Force Majeure
Term and Termination
Exit Rights
Non-Competition
Non-Solicitation
Dispute Resolution
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Waiver
Amendments
Governing Law
Jurisdiction
Representations
Compliance
Insurance
Third-Party Rights
Export Control
Source Code Escrow
Change Control
Quality Assurance
Performance Monitoring
Audit Rights
Relevant Industries

Information Technology

Software Development

Technology Consulting

Cloud Computing

Digital Services

E-commerce

Financial Technology

Healthcare Technology

Enterprise Software

Telecommunications

Digital Media

Educational Technology

Relevant Teams

Legal

Business Development

Software Development

Operations

Commercial

Partnerships

Compliance

Executive Leadership

Product Management

Technology

Strategic Planning

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Partnership Manager

Business Development Director

Technology Director

Contracts Manager

IP Rights Manager

Commercial Director

Operations Director

Chief Executive Officer

Chief Legal Officer

Strategic Alliance Manager

Software Licensing Manager

Product Manager

Industries
Austrian Civil Code (ABGB): Fundamental contract law provisions governing formation, interpretation, and enforcement of contracts, including partnership provisions (§§ 1175-1216)
Austrian Commercial Code (UGB): Regulates commercial partnerships and business relationships between merchants, including specific provisions for commercial partnerships
Austrian Copyright Act (Urheberrechtsgesetz): Governs intellectual property rights, particularly relevant for software protection, licensing, and ownership rights
EU General Data Protection Regulation (GDPR): Regulates data protection and privacy requirements, crucial for software partnerships involving personal data processing
Austrian Data Protection Act (DSG): National implementation of data protection requirements, complementing GDPR
EU Software Directive (2009/24/EC): Specific provisions for legal protection of computer programs, implemented in Austrian law
Austrian E-Commerce Act (ECG): Relevant for software partnerships involving online services or electronic business transactions
Austrian Consumer Protection Act (KSchG): Applicable if one party qualifies as a consumer, providing additional protective provisions
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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