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Floating Software License

Floating Software License Template for Germany

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Key Requirements PROMPT example:

Floating Software License

"I need a Floating Software License agreement under German law for enterprise-level CAD software deployment, supporting up to 500 concurrent users across multiple European offices, with high availability license server configuration and disaster recovery provisions, planned to be implemented by March 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
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
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

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Provides the fundamental framework for contract formation, terms, obligations, and remedies in German contract law
Urheberrechtsgesetz (UrhG): German Copyright Act - Governs software protection, licensing rights, and copyright aspects of software distribution
Datenschutz-Grundverordnung (DSGVO): General Data Protection Regulation (GDPR) - Regulates personal data processing, relevant for license tracking and user authentication
Gesetz gegen den unlauteren Wettbewerb (UWG): Act Against Unfair Competition - Relevant for license terms and market behavior
AGB-Recht (§§ 305-310 BGB): German Standard Terms and Conditions Law - Specific provisions governing standard form contracts and their validity
Verbraucherschutzrecht: Consumer Protection Laws - Applicable if the software license might be offered to individual consumers
Telemediengesetz (TMG): Telemedia Act - Relevant for online aspects of license delivery and management
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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