Software Use License Template for Austria

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Key Requirements PROMPT example:

Software Use License

"I need a Software Use License agreement under Austrian law for enterprise accounting software that we'll be licensing to corporate clients starting March 2025, including provisions for maintenance services and source code escrow arrangements."

Document background
The Software Use License agreement is essential for organizations providing or acquiring software rights under Austrian jurisdiction. This document is specifically designed to comply with Austrian legal requirements, including the Austrian Civil Code (ABGB), Copyright Act (Urheberrechtsgesetz), and relevant EU regulations such as GDPR and the Software Directive. It should be used whenever software is being licensed for use in a commercial or organizational context, whether for internal operations or commercial distribution. The agreement covers crucial aspects such as license scope, usage rights, intellectual property protection, data privacy compliance, and liability limitations. It's particularly important for Austrian-based transactions or when either party operates under Austrian jurisdiction, as it incorporates specific local legal requirements while maintaining alignment with broader EU regulations.
Suggested Sections

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

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

3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement

4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses

5. License Restrictions: Specific prohibitions and limitations on software use, modification, and distribution

6. Intellectual Property Rights: Declaration of ownership and protection of IP rights in the software

7. Payment Terms: License fees, payment schedule, and any recurring charges

8. User Obligations: Licensee's responsibilities regarding software use, security, and access control

9. Data Protection: GDPR compliance measures and data processing obligations

10. Warranties and Representations: Software performance guarantees and compliance with Austrian law

11. Limitation of Liability: Scope of liability limitations under Austrian law

12. Term and Termination: Duration of license, renewal terms, and termination conditions

13. Post-Termination Obligations: Requirements after agreement termination, including software deletion

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

15. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Third-Party Software: Required when the software includes third-party components, detailing additional terms and licenses

2. Maintenance and Support: Include when ongoing maintenance and technical support services are offered

3. Service Levels: Required when specific performance metrics and availability standards are guaranteed

4. Security Requirements: Include for software handling sensitive data or requiring specific security measures

5. Audit Rights: Include when licensor requires rights to audit licensee's compliance

6. Export Control: Required when software is subject to export control regulations

7. Insurance: Include when specific insurance coverage is required from either party

8. Source Code Escrow: Include when source code escrow arrangements are part of the agreement

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. License Fees: Detailed breakdown of all applicable fees and payment terms

3. Technical Requirements: Minimum system requirements and technical specifications for software operation

4. Approved Users: List of authorized users or user categories if license is restricted

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

6. Support Services: Detailed description of maintenance and support services if provided

7. Service Level Agreement: Detailed performance metrics and service levels if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

E-commerce

Media and Entertainment

Consulting

Research and Development

Automotive

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Information Security

Operations

Software Development

Contract Management

Data Protection

Technical Operations

Enterprise Architecture

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Procurement Manager

Software Licensing Manager

Compliance Officer

Data Protection Officer

Contract Manager

Chief Information Officer

IT Security Manager

Risk Manager

Business Development Manager

Technical Project Manager

Operations Director

Chief Legal Officer

Software Asset Manager

Industries
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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