The Third Party Software License Agreement is essential for organizations seeking to legally acquire and use software products from third-party vendors in Germany. This document is designed to comply with German legal requirements, including the German Civil Code (BGB), Copyright Act (UrhG), and data protection laws (DSGVO). It is particularly important when businesses need to establish clear terms for software usage, protect intellectual property rights, and ensure compliance with German regulatory requirements. The agreement typically covers license scope, usage restrictions, maintenance terms, warranties, and liability limitations, while incorporating specific German legal provisions regarding standard business terms (AGB-Recht) and contract formation.
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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: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Ownership and protection of IP rights in the software
7. Fees and Payment: License fees, payment terms, and related financial obligations
8. Delivery and Installation: Terms for software delivery, installation, and acceptance
9. Technical Requirements: Minimum system requirements and technical specifications
10. Warranties and Representations: Warranties provided and disclaimers under German law
11. Support and Maintenance: Basic support obligations and maintenance terms
12. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with German law
13. Term and Termination: Duration of agreement and termination rights
14. Confidentiality: Protection of confidential information
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices
1. Data Protection: GDPR compliance terms - required if personal data is processed
2. Service Level Agreement: Detailed service levels - needed for cloud-based software
3. Professional Services: Terms for additional implementation or consulting services
4. Source Code Escrow: Escrow arrangements - relevant for business-critical software
5. Export Control: Export regulations - needed for international distribution
6. Third Party Components: Terms regarding third-party software components
7. Audit Rights: Software usage audit provisions - relevant for per-user licensing
8. Training: Terms for user training services
9. Disaster Recovery: Disaster recovery obligations - crucial for cloud services
1. Schedule 1 - Licensed Software: Detailed description of the licensed software and components
2. Schedule 2 - Technical Specifications: Technical requirements and specifications
3. Schedule 3 - Service Levels: Detailed service level commitments and metrics
4. Schedule 4 - Support Services: Description of support and maintenance services
5. Schedule 5 - Fee Schedule: Detailed pricing, payment terms and fee calculations
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms if applicable
7. Schedule 7 - Acceptance Testing: Acceptance testing procedures and criteria
8. Appendix A - Authorized Users: Definition and limitations of authorized users
9. Appendix B - Approved Subcontractors: List of approved subcontractors and their roles
Relevant legal definitions
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Intellectual Property Rights
License Key
Licensed Software
Maintenance Release
New Version
Normal Business Hours
Open Source Software
Personal Data
Professional Services
Service Levels
Software Specification
Source Code
Support Services
System Requirements
Term
Territory
Third Party Components
Updates
Upgrades
User Manual
Virus
Vulnerability
Warranty Period
Work Product
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Intellectual Property Rights
License Key
Licensed Software
Maintenance Release
New Version
Normal Business Hours
Open Source Software
Personal Data
Professional Services
Service Levels
Software Specification
Source Code
Support Services
System Requirements
Term
Territory
Third Party Components
Updates
Upgrades
User Manual
Virus
Vulnerability
Warranty Period
Work Product
Clauses
License Grant
License Restrictions
Intellectual Property Rights
Payment
Delivery
Installation
Acceptance Testing
Technical Requirements
Support Services
Maintenance
Service Levels
Warranties
Liability Limitation
Indemnification
Term
Termination
Force Majeure
Confidentiality
Data Protection
Security Requirements
Audit Rights
Assignment
Subcontracting
Export Control
Source Code Escrow
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
License Restrictions
Intellectual Property Rights
Payment
Delivery
Installation
Acceptance Testing
Technical Requirements
Support Services
Maintenance
Service Levels
Warranties
Liability Limitation
Indemnification
Term
Termination
Force Majeure
Confidentiality
Data Protection
Security Requirements
Audit Rights
Assignment
Subcontracting
Export Control
Source Code Escrow
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Automotive
Energy
Media and Entertainment
Transportation and Logistics
Construction
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Vendor Management
Software Asset Management
Information Security
Operations
Finance
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
IT Security Manager
Contract Manager
Technology Officer
Risk Manager
Legal Operations Manager
Software Asset Manager
Chief Technology Officer
Vendor Management Officer
IT Procurement Specialist
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