This Business Software License Agreement template is designed for use in the German market when a software provider wishes to license its software products to business users. It provides a comprehensive framework compliant with German law, including the Civil Code (BGB), Copyright Act (UrhG), and data protection requirements (DSGVO). The document is particularly suited for B2B software licensing transactions where the software is intended for business use rather than consumer applications. It includes provisions for license scope, usage restrictions, maintenance and support, warranties, and liability limitations, all structured to comply with German legal requirements for commercial software licensing. The agreement can be customized based on the complexity of the software, the scale of the license, and specific business requirements while maintaining compliance with mandatory German legal provisions.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Defined terms including Software, Documentation, Intellectual Property Rights, Licensed Users, etc.
4. License Grant: Scope of license, permitted uses, and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance criteria
7. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
8. Licensee Obligations: User responsibilities, access controls, and usage restrictions
9. Support and Maintenance: Standard support services, maintenance terms, and response times
10. Warranties: Software performance warranties and legal compliance guarantees
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Data Protection: GDPR compliance and data processing terms
13. Term and Termination: Duration, renewal terms, and termination rights
14. Post-Termination: Obligations after termination including data return/deletion
15. General Provisions: Standard boilerplate including governing law, jurisdiction, etc.
1. Third-Party Software: Include when the software incorporates third-party components
2. Professional Services: Include when additional implementation or consulting services are offered
3. Service Levels: Include when specific performance metrics and remedies are required
4. Source Code Escrow: Include when source code escrow arrangements are needed
5. Export Control: Include when software is subject to export regulations
6. Audit Rights: Include for high-value licenses requiring usage verification
7. Disaster Recovery: Include when business continuity requirements are critical
8. Training: Include when training services are part of the agreement
1. Schedule 1 - Software Description: Detailed technical specifications and functionality
2. Schedule 2 - License Fees: Detailed fee structure, payment terms and calculations
3. Schedule 3 - Support Services: Support level definitions, response times, and escalation procedures
4. Schedule 4 - Service Level Agreement: Performance metrics, availability targets, and service credits
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and security measures
6. Schedule 6 - Technical Requirements: Required hardware, software, and network specifications
7. Appendix A - Authorized Users: Categories and numbers of permitted users
8. Appendix B - Approved Locations: Licensed locations for software installation and use
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