The Simple Software License Agreement is designed for use in the German market when a software owner (licensor) wishes to grant usage rights to their software to another party (licensee) under clear and straightforward terms. This document is particularly suitable for standard software licensing transactions where complex customization or service elements are not required. The agreement ensures compliance with German legal requirements, including the Civil Code (BGB), copyright law (UrhG), and standard business terms regulations (AGB-Recht). It covers essential elements such as license scope, usage rights, fees, warranties, and liability limitations while maintaining simplicity. This type of agreement is commonly used for off-the-shelf software solutions, small to medium-sized licensing transactions, or when a streamlined approach to software licensing is preferred.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Brief context of the agreement and the software being licensed
3. Definitions: Key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', and 'License Fee'
4. Grant of License: Scope and nature of the license, including usage rights, restrictions, and territory
5. License Fee and Payment: Payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Warranties and Liability: Software warranties and limitation of liability provisions compliant with German law
10. Confidentiality: Protection of confidential information exchanged between parties
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Maintenance and Support: Include when ongoing support services are part of the agreement
2. Data Protection: Required when the software processes personal data, ensuring GDPR compliance
3. Third-Party Software: Include when the licensed software incorporates third-party components
4. Export Controls: Necessary for software subject to export regulations
5. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
6. Audit Rights: Include for licenses where usage monitoring is important
7. Assignment and Sublicensing: Include when transfer rights need specific regulation
1. Schedule 1 - Software Description: Detailed technical specifications and description of the licensed software
2. Schedule 2 - License Fee Schedule: Detailed breakdown of license fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use of the software
5. Appendix B - Support and Maintenance Terms: Detailed support and maintenance provisions if applicable
Relevant legal definitions
Agreement
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
License Term
Licensed Software
Licensee
Licensor
Maintenance Services
Object Code
Permitted Purpose
Software
Source Code
Specifications
System Requirements
Technical Support
Territory
Third-Party Software
Updates
Use
User Manual
Working Hours
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
License Term
Licensed Software
Licensee
Licensor
Maintenance Services
Object Code
Permitted Purpose
Software
Source Code
Specifications
System Requirements
Technical Support
Territory
Third-Party Software
Updates
Use
User Manual
Working Hours
Clauses
License Grant
Payment Terms
Intellectual Property Rights
Use Restrictions
Confidentiality
Warranties
Liability Limitation
Term and Termination
Force Majeure
Assignment
Audit Rights
Data Protection
Technical Support
Maintenance
Export Control
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Amendment
Third-Party Rights
Compliance with Laws
Anti-Corruption
Survival
Payment Terms
Intellectual Property Rights
Use Restrictions
Confidentiality
Warranties
Liability Limitation
Term and Termination
Force Majeure
Assignment
Audit Rights
Data Protection
Technical Support
Maintenance
Export Control
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Amendment
Third-Party Rights
Compliance with Laws
Anti-Corruption
Survival
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Media and Entertainment
Government
Non-Profit
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Sales
Compliance
Commercial Operations
Business Development
Contract Administration
Risk Management
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
Chief Technology Officer
IT Director
Software Development Manager
Procurement Manager
Commercial Director
Legal Operations Manager
Compliance Officer
Business Development Manager
Sales Director
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