This Non-Exclusive Software License Agreement is designed for use when a software provider wishes to grant usage rights to their software while retaining the ability to license it to other users. It is particularly relevant in the German market and must comply with German legal requirements, including the Civil Code (BGB), Copyright Act (UrhG), and data protection laws (GDPR). The agreement covers essential aspects such as license scope, usage limitations, fees, maintenance, warranties, and liability restrictions. It's commonly used by software companies, SaaS providers, and technology firms operating in Germany who need to license their software products while maintaining rights to distribute to multiple customers. The document includes specific provisions required under German law regarding warranty obligations, liability limitations, and data protection requirements.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, etc.
4. Grant of License: Scope of the non-exclusive license, permitted uses, and territory
5. License Restrictions: Specific prohibited actions and usage limitations
6. License Fees: Payment terms, amounts, and payment schedule
7. Intellectual Property Rights: Ownership of IP and protection of rights
8. Delivery and Installation: Terms for software delivery and installation process
9. Maintenance and Support: Basic support services and maintenance terms
10. Warranties and Representations: Standard warranties regarding software functionality and IP rights
11. Liability and Limitations: Limitation of liability and damage caps in accordance with German law
12. Term and Termination: Duration of agreement and termination provisions
13. Data Protection: GDPR compliance and data processing terms
14. Confidentiality: Protection of confidential information
15. General Provisions: Standard legal provisions including governing law, jurisdiction, etc.
1. Third-Party Software: Include when the software contains third-party components or dependencies
2. Source Code Escrow: Include when source code escrow arrangements are required
3. Professional Services: Include when additional implementation or consulting services are provided
4. Service Levels: Include when specific performance metrics and service levels are guaranteed
5. Export Control: Include when software is subject to export control regulations
6. Audit Rights: Include when licensor requires right to audit licensee's usage
7. Training: Include when training services are part of the agreement
8. Disaster Recovery: Include when business continuity requirements are necessary
1. Software Description: Detailed technical specifications and functionality of the software
2. License Fees Schedule: Detailed breakdown of license fees and payment terms
3. Support Services: Detailed description of support levels and response times
4. Technical Requirements: Hardware and software requirements for running the software
5. Approved Locations: List of approved locations where software may be used
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable
7. Service Level Agreement: Detailed service levels and performance metrics if applicable
Relevant legal definitions
Agreement
Software
Documentation
Intellectual Property Rights
License Fees
License Term
Authorized Users
Permitted Purpose
Confidential Information
Source Code
Updates
Maintenance Services
Support Services
Technical Requirements
Business Day
Effective Date
Installation
Licensed Location
Affiliate
Error
Critical Error
Force Majeure
Good Industry Practice
Implementation Services
Intellectual Property Claim
License Key
Object Code
Personal Data
Processing
Service Levels
Specifications
System Environment
Third Party Software
User Manual
Virus
Working Hours
Acceptance Tests
Acceptance Criteria
Designated Equipment
Licensee Data
Maintenance Release
New Version
Operating Environment
Software Modification
Territory
Usage Data
Warranty Period
Software
Documentation
Intellectual Property Rights
License Fees
License Term
Authorized Users
Permitted Purpose
Confidential Information
Source Code
Updates
Maintenance Services
Support Services
Technical Requirements
Business Day
Effective Date
Installation
Licensed Location
Affiliate
Error
Critical Error
Force Majeure
Good Industry Practice
Implementation Services
Intellectual Property Claim
License Key
Object Code
Personal Data
Processing
Service Levels
Specifications
System Environment
Third Party Software
User Manual
Virus
Working Hours
Acceptance Tests
Acceptance Criteria
Designated Equipment
Licensee Data
Maintenance Release
New Version
Operating Environment
Software Modification
Territory
Usage Data
Warranty Period
Clauses
License Grant
License Restrictions
Intellectual Property
Payment
Delivery and Installation
Acceptance Testing
Maintenance and Support
Service Levels
Warranties
Liability Limitation
Indemnification
Confidentiality
Data Protection
Term and Termination
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Third Party Rights
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Competition Law
Insurance
Compliance with Laws
Subcontracting
Personnel
Documentation
Training
Business Continuity
Security Requirements
License Restrictions
Intellectual Property
Payment
Delivery and Installation
Acceptance Testing
Maintenance and Support
Service Levels
Warranties
Liability Limitation
Indemnification
Confidentiality
Data Protection
Term and Termination
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Third Party Rights
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Competition Law
Insurance
Compliance with Laws
Subcontracting
Personnel
Documentation
Training
Business Continuity
Security Requirements
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
E-commerce
Insurance
Automotive
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Information Security
Compliance
Commercial
Business Development
Engineering
Product Management
Risk Management
Vendor Management
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Contract Manager
Software Development Manager
Information Security Officer
Data Protection Officer
Commercial Director
Business Development Manager
Chief Information Officer
VP of Engineering
General Counsel
Technology Compliance Manager
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