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Floating Software License

Floating Software License Template for Denmark

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Floating Software License

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This Floating Software License agreement is designed for use when implementing concurrent user access to software applications in a Danish legal context. It addresses the complex requirements of modern enterprise software deployment where multiple users need to share a limited number of licenses through a license server. The document incorporates essential elements of Danish contract law, copyright protection, and data privacy regulations, making it suitable for both domestic and international business transactions. It includes comprehensive provisions for technical implementation, user management, support services, and compliance requirements, particularly relevant for enterprise-wide software deployments where simultaneous user access needs to be carefully managed and monitored.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including business registration details

2. Background: Context of the agreement and brief description of the software and floating license concept

3. Definitions: Key terms including 'Concurrent Users', 'License Server', 'Authorized Users', 'Software', 'Updates'

4. License Grant: Scope of license, concurrent user limits, usage restrictions, and territory limitations

5. License Server and User Management: Requirements for license server setup, user authentication, and concurrent usage monitoring

6. License Fees and Payment: Pricing structure, payment terms, and conditions for additional user licenses

7. Technical Requirements: Minimum system requirements, network specifications, and installation prerequisites

8. Maintenance and Support: Support services, updates, patches, and response times

9. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy safeguards

10. Intellectual Property Rights: Ownership of software, restrictions on modification, and third-party components

11. Warranties and Limitations: Software performance warranties, disclaimers, and limitation of liability

12. Term and Termination: Duration, renewal terms, and termination conditions

13. General Provisions: Governing law, jurisdiction, entire agreement, and amendment procedures

Optional Sections

1. Professional Services: Include when implementation, configuration, or training services are provided

2. Service Level Agreement: Include when specific performance metrics and penalties are required

3. Disaster Recovery: Include when business continuity requirements are critical

4. Security Requirements: Include for high-security environments or regulated industries

5. Third-Party Integration: Include when software interfaces with other systems

6. Export Control: Include for international licensing arrangements

7. Source Code Escrow: Include when source code access might be required in specific circumstances

8. Custom Development: Include when bespoke modifications are part of the agreement

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of software modules, features, and functionality

2. Schedule 2 - Technical Specifications: Detailed technical requirements, architecture, and implementation guidelines

3. Schedule 3 - Service Level Agreement: Detailed performance metrics, support levels, and response times

4. Schedule 4 - Fee Schedule: Detailed pricing structure, including volume discounts and additional user costs

5. Schedule 5 - Support and Maintenance Services: Detailed support procedures, maintenance windows, and escalation processes

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Appendix A - Authorized User Policy: Rules and procedures for managing authorized users

8. Appendix B - Security Standards: Security requirements and compliance standards

Authors

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Relevant legal definitions
Acceptance Tests
Agreement
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Error
Fees
Floating License
GDPR
Initial Term
Intellectual Property Rights
License Key
License Pool
License Server
License Term
Maintenance Services
Maximum Concurrent Users
Network
Personal Data
Professional Services
Renewal Term
Service Level Agreement
Software
Software Updates
Source Code
Specifications
Support Hours
Support Services
System Requirements
Technical Contact
Territory
Third-Party Software
Updates
Upgrades
User Authentication
User Interface
Working Hours
Clauses
License Grant
Usage Rights
Technical Requirements
Access Control
User Management
Payment Terms
Service Levels
Support Services
Maintenance
Data Protection
Confidentiality
Intellectual Property
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Security Requirements
Documentation
Training
Implementation
Updates and Upgrades
Performance Standards
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Notice
Third-Party Rights
Export Control
Insurance
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Essential for establishing the basic contractual framework of the license agreement.
Danish Copyright Act (Ophavsretsloven): Regulates protection of software as intellectual property and sets framework for licensing rights and restrictions.
Danish Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Danish law, relevant for handling any user data collected through the software.
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation for personal data processing, important for user data handling aspects of the software.
Danish Marketing Practices Act (Markedsføringsloven): Relevant for commercial terms and marketing aspects of the software license, especially in B2C contexts.
Danish Competition Act (Konkurrenceloven): Ensures license terms don't create anti-competitive effects in the market.
Danish E-Commerce Act (E-handelsloven): Governs electronic commerce aspects, including digital delivery and online contracting.
Sale of Goods Act (Købeloven): While primarily for goods, certain principles may apply to software licensing, particularly regarding quality and fitness for purpose.
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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