This Floating Software License agreement is designed for use when implementing concurrent licensing arrangements under German law, where multiple users within an organization need to share access to software licenses through a central license server. The document addresses the specific requirements of German contract law (BGB) and data protection regulations (DSGVO), while providing a comprehensive framework for license deployment, monitoring, and compliance. It is particularly suitable for enterprise software deployments where the total number of potential users exceeds the number of available licenses, and includes essential provisions for technical implementation, usage tracking, and license server management. The agreement combines technical specifications with legal requirements to ensure proper software license management and regulatory compliance.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement and brief description of the software and floating license concept
3. Definitions: Defined terms including Software, Authorized Users, Concurrent Users, License Server, etc.
4. License Grant: Scope of license, floating/concurrent user provisions, and usage limitations
5. Technical Implementation: Requirements for license server setup, network configuration, and monitoring
6. License Restrictions: Prohibited activities, geographical restrictions, and user limitations
7. License Fees: Payment terms, fee calculation based on concurrent usage, and payment schedule
8. Monitoring and Compliance: License usage tracking, audit rights, and reporting requirements
9. Data Protection: GDPR compliance, data processing terms, and data security measures
10. Intellectual Property Rights: Ownership of software, protection of IP rights, and third-party claims
11. Warranties and Liability: Software performance warranties, limitation of liability, and force majeure
12. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations
13. General Provisions: Governing law, jurisdiction, entire agreement, and standard boilerplate clauses
1. Professional Services: Terms for installation, configuration, and training services - include when professional services are part of the agreement
2. High Availability Setup: Terms for redundant license server configuration - include for enterprise-level implementations
3. Third-Party Software: Terms relating to third-party components - include when the software incorporates third-party elements
4. Service Level Agreement: Performance metrics and support levels - include for business-critical applications
5. Disaster Recovery: Terms for backup and recovery of license server - include for enterprise implementations
6. Export Control: Export restriction compliance - include when software may be subject to export controls
7. Source Code Escrow: Terms for source code escrow arrangements - include when requested by enterprise customers
1. Schedule 1 - Software Description: Detailed description of software components and functionality
2. Schedule 2 - Technical Requirements: System requirements, network specifications, and installation parameters
3. Schedule 3 - License Metrics: Detailed description of concurrent user calculation and limitations
4. Schedule 4 - Fee Schedule: Detailed pricing structure and payment terms
5. Schedule 5 - Support Services: Description of support levels, response times, and escalation procedures
6. Appendix A - License Server Configuration: Technical specifications for license server setup and maintenance
7. Appendix B - Acceptable Use Policy: Detailed rules for software usage and user behavior
Relevant legal definitions
Agreement
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Initial Term
Installation Site
License Fees
License Key
License Manager
License Pool
License Server
License Term
Licensed Software
Maintenance Services
Maximum Concurrent Users
Network
Personal Data
Professional Services
Renewal Term
Server Location
Software Modifications
Software Updates
Software Upgrades
Source Code
Support Services
System Requirements
Technical Documentation
Territory
Third-Party Software
Usage Data
Usage Reports
User Authentication
Working Hours
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Floating License
Initial Term
Installation Site
License Fees
License Key
License Manager
License Pool
License Server
License Term
Licensed Software
Maintenance Services
Maximum Concurrent Users
Network
Personal Data
Professional Services
Renewal Term
Server Location
Software Modifications
Software Updates
Software Upgrades
Source Code
Support Services
System Requirements
Technical Documentation
Territory
Third-Party Software
Usage Data
Usage Reports
User Authentication
Working Hours
Clauses
License Grant
License Restrictions
Technical Implementation
Concurrent Usage
License Server Management
Monitoring and Reporting
Payment Terms
Data Protection
Intellectual Property Rights
Confidentiality
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Audit Rights
Service Levels
Support and Maintenance
Compliance with Laws
Export Control
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Survival
License Restrictions
Technical Implementation
Concurrent Usage
License Server Management
Monitoring and Reporting
Payment Terms
Data Protection
Intellectual Property Rights
Confidentiality
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Audit Rights
Service Levels
Support and Maintenance
Compliance with Laws
Export Control
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Survival
Relevant Industries
Information Technology
Manufacturing
Financial Services
Healthcare
Education
Professional Services
Engineering
Research & Development
Telecommunications
Automotive
Pharmaceutical
Media & Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Infrastructure
Security
Software Asset Management
Enterprise Architecture
Vendor Management
Risk Management
Relevant Roles
Chief Information Officer
IT Director
Software License Manager
Procurement Manager
Legal Counsel
IT Infrastructure Manager
Chief Technology Officer
Contract Administrator
Software Asset Manager
Chief Financial Officer
IT Security Manager
Compliance Officer
Enterprise Architect
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