The License And Service Agreement is essential for businesses providing software, technology solutions, or other proprietary products along with accompanying services in Belgium. This document is particularly relevant when a provider wishes to maintain ownership of their intellectual property while granting usage rights and providing ongoing support, maintenance, or professional services. The agreement must comply with Belgian civil law, commercial regulations, and EU directives, particularly regarding data protection (GDPR), consumer protection, and e-commerce. It's commonly used in technology implementations, SaaS deployments, or any scenario where licensed products require ongoing service support. The document typically includes detailed service level commitments, technical specifications, and data processing terms to ensure comprehensive coverage of both licensing and service aspects.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope, nature, and terms of the license, including territory and usage rights
5. Services Description: Detailed description of services to be provided
6. Fees and Payment Terms: Payment obligations, pricing, invoicing, and payment terms
7. Intellectual Property Rights: Ownership and protection of IP rights
8. Confidentiality: Protection and handling of confidential information
9. Data Protection: GDPR compliance and data processing terms
10. Service Levels: Performance standards and service level commitments
11. Term and Termination: Duration, renewal, and termination provisions
12. Warranties and Representations: Guarantees provided by each party
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances
15. General Provisions: Miscellaneous legal terms including governing law and jurisdiction
1. Implementation Services: Details of implementation or setup services, if required
2. Training: Training provisions if the licensor provides user training
3. Source Code Escrow: Source code escrow arrangements for critical software
4. Disaster Recovery: Disaster recovery and business continuity provisions
5. Marketing Rights: Rights to use each party's branding and marketing materials
6. Export Control: Export control compliance for international operations
7. Insurance: Insurance requirements and coverage obligations
8. Change Control: Procedures for managing changes to services or specifications
1. Schedule 1 - Service Level Agreement: Detailed service levels, metrics, and remedies
2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
3. Schedule 3 - Technical Specifications: Technical details of licensed products and services
4. Schedule 4 - Support Services: Description of support and maintenance services
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms
6. Schedule 6 - Implementation Plan: Timeline and milestones for implementation
7. Appendix A - Authorized Users: List of authorized users or user categories
8. Appendix B - Security Requirements: Security standards and requirements
Relevant legal definitions
Acceptance Criteria
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Data Protection Laws
Documentation
Effective Date
Fees
Force Majeure Event
GDPR
Implementation Services
Initial Term
Intellectual Property Rights
License
Licensed Materials
Licensed Software
Maintenance Services
Personal Data
Professional Services
Renewal Term
Security Requirements
Service Credits
Service Levels
Services
Service Provider Personnel
Software
Source Code
Specifications
Support Services
System
Term
Territory
Third Party Software
Updates
Upgrades
User Documentation
Virus
Working Hours
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Data Protection Laws
Documentation
Effective Date
Fees
Force Majeure Event
GDPR
Implementation Services
Initial Term
Intellectual Property Rights
License
Licensed Materials
Licensed Software
Maintenance Services
Personal Data
Professional Services
Renewal Term
Security Requirements
Service Credits
Service Levels
Services
Service Provider Personnel
Software
Source Code
Specifications
Support Services
System
Term
Territory
Third Party Software
Updates
Upgrades
User Documentation
Virus
Working Hours
Clauses
License Grant
Service Provision
Payment Terms
Intellectual Property
Confidentiality
Data Protection
Service Levels
Support and Maintenance
Implementation
Acceptance Testing
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Subcontracting
Audit Rights
Insurance
Security Requirements
Personnel
Change Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Non-Solicitation
Export Control
Anti-Corruption
Business Continuity
Source Code Escrow
Training
Documentation
Marketing Rights
Service Provision
Payment Terms
Intellectual Property
Confidentiality
Data Protection
Service Levels
Support and Maintenance
Implementation
Acceptance Testing
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Subcontracting
Audit Rights
Insurance
Security Requirements
Personnel
Change Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Non-Solicitation
Export Control
Anti-Corruption
Business Continuity
Source Code Escrow
Training
Documentation
Marketing Rights
Relevant Industries
Information Technology
Software Development
Cloud Services
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
E-commerce
Education
Media and Entertainment
Research and Development
Biotechnology
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Sales
Compliance
Finance
Risk Management
Service Delivery
Technical Support
Product Development
Commercial Operations
Information Security
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Commercial Director
Chief Technology Officer
Head of Sales
Procurement Manager
IT Director
Compliance Officer
Contract Manager
Chief Information Officer
Business Development Manager
Software License Manager
Service Delivery Manager
Chief Financial Officer
Risk Manager
Technical Account Manager
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