This Non-Perpetual License Agreement template is designed for use under German law when a party wishes to grant temporary rights to use software, technology, or other intellectual property for a defined period. The document is particularly suitable for software licensing, technology transfers, and IP rights management where perpetual rights are not intended. It includes comprehensive provisions addressing license scope, duration, payment terms, usage restrictions, and compliance with German legal requirements. The agreement is structured to provide clear termination mechanisms and renewal options, distinguishing it from perpetual licenses. It incorporates specific German law considerations, including strict form requirements, detailed specification of terms, and mandatory provisions under the German Civil Code (BGB) and Copyright Act (UrhG). This template is especially relevant for technology transactions in the German market or involving German entities, ensuring compliance with local legal requirements while providing flexibility for various licensing scenarios.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed product/software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. Term and Termination: Duration of the license, renewal terms, and termination conditions
6. License Fees: Payment terms, fee structure, and payment schedule
7. Intellectual Property Rights: Ownership of IP and protection of licensor's rights
8. Licensee Obligations: Key responsibilities and restrictions on the licensee's use
9. Warranties and Liability: Warranty terms and limitation of liability provisions
10. Confidentiality: Protection of confidential information exchanged
11. Data Protection: GDPR compliance and data processing terms
12. Governing Law and Jurisdiction: Specification of German law and jurisdiction
13. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Maintenance and Support: Terms for technical support and maintenance services, if provided
2. Service Levels: Performance standards and metrics, if applicable
3. Audit Rights: Licensor's rights to audit compliance, if required
4. Third Party Software: Terms relating to third-party components, if any
5. Export Control: Export regulations compliance, if relevant
6. Insurance: Insurance requirements, if needed for high-value or high-risk licenses
7. Source Code Escrow: Source code escrow arrangements, if applicable
8. Training and Implementation: Terms for training and implementation services, if provided
1. Schedule 1 - Licensed Software: Detailed description of the licensed software/product
2. Schedule 2 - Technical Requirements: Technical specifications and system requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Service Level Agreement: Detailed service levels and support terms, if applicable
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms, if applicable
6. Appendix A - Authorized Users: List of authorized users or user categories
7. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria, if applicable
Relevant legal definitions
Agreement
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fee Schedule
Initial Term
Intellectual Property Rights
License Fee
Licensed Material
Licensed Software
License Term
Maintenance Services
Modifications
Personal Data
Renewal Term
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Use
User Acceptance Testing
Working Hours
Warranty Period
Acceptance Criteria
Change Request
Defect
Implementation Services
Installation
License Key
Production Environment
Security Requirements
Service Credits
Upgrade
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fee Schedule
Initial Term
Intellectual Property Rights
License Fee
Licensed Material
Licensed Software
License Term
Maintenance Services
Modifications
Personal Data
Renewal Term
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Use
User Acceptance Testing
Working Hours
Warranty Period
Acceptance Criteria
Change Request
Defect
Implementation Services
Installation
License Key
Production Environment
Security Requirements
Service Credits
Upgrade
Clauses
License Grant
Term and Duration
Termination
Payment Terms
Intellectual Property Rights
Usage Restrictions
Confidentiality
Warranties
Limitation of Liability
Data Protection
Audit Rights
Assignment
Force Majeure
Governing Law
Dispute Resolution
Technical Requirements
Maintenance and Support
Service Levels
Acceptance Testing
Implementation
Export Control
Non-Competition
Insurance
Compliance
Notice
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Term and Duration
Termination
Payment Terms
Intellectual Property Rights
Usage Restrictions
Confidentiality
Warranties
Limitation of Liability
Data Protection
Audit Rights
Assignment
Force Majeure
Governing Law
Dispute Resolution
Technical Requirements
Maintenance and Support
Service Levels
Acceptance Testing
Implementation
Export Control
Non-Competition
Insurance
Compliance
Notice
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Relevant Industries
Information Technology
Software Development
Healthcare
Financial Services
Manufacturing
Education
Research and Development
Telecommunications
Professional Services
Media and Entertainment
Automotive
Pharmaceutical
Retail
Energy
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Intellectual Property
Commercial
Business Development
Risk Management
Vendor Management
Relevant Roles
Legal Counsel
Software Licensing Manager
IP Rights Manager
Procurement Manager
IT Director
Chief Technology Officer
Contract Manager
Commercial Director
Chief Legal Officer
Technology Procurement Specialist
Software Asset Manager
Compliance Officer
Business Development Manager
IT Procurement Manager
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