The White Label Software License Agreement is essential for businesses seeking to leverage existing software solutions under their own brand in the German market. This agreement type is commonly used when a software provider wishes to expand their market reach by allowing other companies to rebrand and distribute their software solution while maintaining control over the core product. The document, governed by German law, includes crucial provisions for licensing, branding rights, technical specifications, service levels, and compliance with German and EU regulations, particularly the GDPR. It's specifically designed to address the complex requirements of software licensing and white labeling arrangements while ensuring adherence to German commercial law principles. The agreement is particularly relevant in scenarios where companies want to offer software solutions without investing in development, or when software providers want to expand their distribution channels through branded partnerships.
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1. Parties: Identification of the licensor (software provider) and licensee (white label partner)
2. Background: Context of the agreement, including the nature of the software and white labeling relationship
3. Definitions: Key terms used throughout the agreement, including Software, White Label Rights, Territory, etc.
4. License Grant: Scope of software license and white labeling rights, including territory and exclusivity terms
5. White Label Rights and Obligations: Specific rights and requirements for rebranding and distributing the software
6. Intellectual Property Rights: Ownership and protection of IP, including software, trademarks, and derivative works
7. Payment Terms: License fees, royalties, payment schedules, and related financial terms
8. Service Levels and Support: Maintenance, technical support, and service level commitments
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
11. Term and Termination: Duration, renewal, and termination conditions
12. Warranties and Indemnities: Software performance warranties and indemnification obligations
13. Limitation of Liability: Scope and limits of liability under German law
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements, recommended when licensee requires business continuity assurance
2. Professional Services: Terms for additional implementation or customization services, if offered
3. Revenue Sharing: Detailed revenue sharing model, if applicable to the business relationship
4. Marketing and Promotion: Specific terms regarding marketing activities and responsibilities
5. Audit Rights: Rights to audit licensee's use and distribution of the software
6. Territory-Specific Requirements: Additional terms for specific territories or jurisdictions
7. Third-Party Software: Terms relating to incorporated third-party software components
8. Change Control: Procedures for managing changes to the software or services
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - Service Level Agreement: Detailed service levels, support times, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Schedule 4 - Technical Requirements: Hardware and software requirements for operating the software
5. Schedule 5 - Support and Maintenance Services: Detailed description of support and maintenance services
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
7. Schedule 7 - Branding Guidelines: Requirements and restrictions for white labeling
8. Appendix A - Approved Territories: List of territories where the software may be distributed
9. Appendix B - Authorized Sub-licensees: List of approved sub-licensees, if applicable
Relevant legal definitions
Acceptance Tests
Affiliated Company
Authorized Users
Background IP
Branding Guidelines
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
End User License Agreement
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License Term
Licensed Software
Maintenance Services
Major Release
Minor Release
Original Branding
Personal Data
Professional Services
Rebranded Software
Service Levels
Software Updates
Source Code
Specifications
Standard Support Hours
Support Services
Technical Requirements
Territory
Third Party Software
Trade Marks
Updates
Upgrades
User Interface
White Label Rights
White Label Version
Affiliated Company
Authorized Users
Background IP
Branding Guidelines
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
End User License Agreement
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License Term
Licensed Software
Maintenance Services
Major Release
Minor Release
Original Branding
Personal Data
Professional Services
Rebranded Software
Service Levels
Software Updates
Source Code
Specifications
Standard Support Hours
Support Services
Technical Requirements
Territory
Third Party Software
Trade Marks
Updates
Upgrades
User Interface
White Label Rights
White Label Version
Clauses
License Grant
White Label Rights
Intellectual Property
Service Levels
Support and Maintenance
Fees and Payment
Data Protection
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Non-Competition
Quality Control
Audit Rights
Compliance
Insurance
Notice
Governing Law
Dispute Resolution
Severability
Sub-licensing
Territory Rights
Software Updates
Change Management
Documentation
Training
Marketing Rights
Source Code Escrow
Security Requirements
Acceptance Testing
Performance Standards
Business Continuity
White Label Rights
Intellectual Property
Service Levels
Support and Maintenance
Fees and Payment
Data Protection
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Non-Competition
Quality Control
Audit Rights
Compliance
Insurance
Notice
Governing Law
Dispute Resolution
Severability
Sub-licensing
Territory Rights
Software Updates
Change Management
Documentation
Training
Marketing Rights
Source Code Escrow
Security Requirements
Acceptance Testing
Performance Standards
Business Continuity
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
E-commerce
Professional Services
Telecommunications
Manufacturing
Education
Insurance
Banking
Retail
Consulting
Relevant Teams
Legal
Information Technology
Business Development
Sales
Product Development
Compliance
Procurement
Commercial
Partner Relations
Brand Management
Software Development
Contract Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Commercial Director
Head of Business Development
IT Director
Compliance Officer
Product Manager
Partnership Manager
Chief Information Officer
Software Development Manager
Brand Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Sales Director
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