Shared Software License for Germany

Shared Software License Template for Germany

This document is a comprehensive Shared Software License agreement governed by German law, designed to establish the terms and conditions for shared software usage rights among multiple users or organizations. It encompasses critical elements including license grant, usage restrictions, intellectual property rights, data protection compliance under GDPR, and specific provisions required by German software licensing regulations. The agreement addresses both technical and legal aspects of software sharing, including user management, access rights, liability limitations, and compliance requirements under German jurisdiction.

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What is a Shared Software License?

This Shared Software License agreement is essential for organizations seeking to implement shared software solutions within German jurisdiction. The document is specifically designed for situations where software needs to be accessed and used by multiple authorized users or entities under a single licensing framework. It incorporates all necessary provisions required under German software licensing laws, including compliance with the Bürgerliches Gesetzbuch (BGB) and Urheberrechtsgesetz (UrhG), while also addressing EU regulations such as GDPR. The agreement is particularly crucial for enterprise-level software deployments, ensuring proper rights management, usage tracking, and legal compliance across all authorized users. This comprehensive document covers everything from technical specifications to legal obligations, making it suitable for both simple shared licensing arrangements and complex enterprise-wide software deployments.

What sections should be included in a Shared Software License?

1. Parties: Identification of the licensor and licensee(s), including full legal names and addresses

2. Background: Context of the agreement and purpose of the software license sharing arrangement

3. Definitions: Key terms used throughout the agreement, including technical terms and shared licensing concepts

4. License Grant: Scope and nature of the license, including shared usage rights and restrictions

5. License Fees and Payment Terms: Financial terms, payment schedule, and cost-sharing arrangements

6. User Rights and Limitations: Specific permissions and restrictions for shared usage of the software

7. Intellectual Property Rights: Ownership of IP and protection of licensor's rights

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Guarantees regarding software functionality and legal compliance

10. Liability and Indemnification: Limitation of liability and indemnification obligations under German law

11. Term and Termination: Duration of the license and conditions for termination

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Shared Software License?

1. Data Protection: Specific GDPR compliance terms when software processes personal data

2. Third-Party Software: Terms relating to incorporated third-party software components

3. Support and Maintenance: Terms for technical support and software maintenance if offered

4. Usage Metrics and Reporting: Requirements for tracking and reporting software usage among shared users

5. Disaster Recovery: Procedures for data backup and system recovery

6. Export Control: Compliance with export control regulations if software is subject to international use

7. Service Level Agreement: Performance standards and metrics for software availability

What schedules should be included in a Shared Software License?

1. Schedule A - Software Description: Detailed description of the licensed software and its components

2. Schedule B - Technical Requirements: Hardware and software requirements for operation

3. Schedule C - Authorized Users: List of authorized users and their access rights

4. Schedule D - License Fees: Detailed breakdown of license fees and payment structure

5. Schedule E - Support Services: Details of support and maintenance services if included

6. Appendix 1 - Security Requirements: Security protocols and requirements for shared usage

7. Appendix 2 - Data Processing Agreement: GDPR-compliant data processing terms if applicable

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

License Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Information Technology

Software Development

Enterprise Software

Cloud Services

Financial Services

Healthcare Technology

Manufacturing

Professional Services

Telecommunications

Education

Research & Development

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Software Asset Management

Enterprise Architecture

Operations

Risk Management

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Software Licensing Manager

Procurement Manager

Information Security Officer

Compliance Officer

Enterprise Architect

Software Asset Manager

Contract Administrator

Technology Operations Manager

Chief Information Officer

Data Protection Officer

Industries
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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