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On Premise Software License Template for Denmark

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On Premise Software License

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This On Premise Software License Agreement template is designed for use under Danish jurisdiction when a software provider wishes to license their software product for installation and use on a customer's own infrastructure. The document is essential for software companies operating in Denmark or entities seeking to license software under Danish law. It incorporates necessary provisions to comply with Danish contract law, intellectual property regulations, and data protection requirements including GDPR. The agreement is particularly relevant when the software needs to be installed and operated within the customer's own IT environment rather than being provided as a cloud service. It includes comprehensive terms covering license scope, implementation, support, security requirements, and risk allocation, while ensuring alignment with Danish legal principles and business practices.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal entity details

2. Background: Context of the agreement and brief description of the software and intended use

3. Definitions: Defined terms used throughout the agreement, including Software, Documentation, Licensed Users, etc.

4. License Grant: Scope of license, usage rights, and restrictions on use of the software

5. License Fees: Payment terms, fee structure, and payment schedule

6. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance criteria

7. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims

8. Licensee Obligations: Key responsibilities of the licensee including acceptable use and security measures

9. Support and Maintenance: Terms for technical support, updates, and maintenance services

10. Warranties: Software performance warranties and disclaimers

11. Limitation of Liability: Caps on liability and exclusions under Danish law

12. Data Protection: GDPR compliance and data processing obligations

13. Confidentiality: Protection of confidential information and trade secrets

14. Term and Termination: Duration, renewal, termination rights, and post-termination obligations

15. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, etc.

Optional Sections

1. Third-Party Software: Include when the software incorporates third-party components requiring pass-through terms

2. Export Control: Necessary when software is subject to export regulations or international trade restrictions

3. Source Code Escrow: Include when offering source code protection through escrow arrangements

4. Disaster Recovery: Required when business continuity is critical for the licensee

5. Training Services: Include when providing user training as part of the license agreement

6. Professional Services: Add when additional implementation or customization services are provided

7. Service Levels: Include when specific performance metrics are guaranteed

8. Insurance Requirements: Add when specific insurance coverage is required from either party

9. Audit Rights: Include when licensor requires rights to audit licensee's use of software

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. License Metrics: Specific details of licensing model, user counts, and usage limitations

3. Fee Schedule: Detailed breakdown of license fees, payment terms, and pricing models

4. Support Service Levels: Detailed support and maintenance terms, response times, and escalation procedures

5. Technical Requirements: Hardware, software, and network requirements for operating the software

6. Acceptance Testing: Criteria and procedures for software acceptance testing

7. Data Processing Agreement: GDPR-compliant data processing terms and details

8. Information Security Requirements: Security standards and requirements for software operation

9. Approved Subcontractors: List of approved third-party service providers or subcontractors

Authors

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Relevant legal definitions
Acceptance Criteria
Affiliate
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Error
Fees
Force Majeure Event
Good Industry Practice
Implementation Services
Initial Term
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Normal Business Hours
Operating Environment
Personal Data
Professional Services
Representatives
Security Requirements
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Manual
Virus
Warranty Period
Work Product
Clauses
License Grant
Intellectual Property
Payment Terms
Warranties
Limitation of Liability
Confidentiality
Data Protection
Term and Termination
Support and Maintenance
Acceptance Testing
Implementation
Security Requirements
Audit Rights
Force Majeure
Assignment
Governing Law
Dispute Resolution
Indemnification
Insurance
Notice
Amendment
Severability
Entire Agreement
Third Party Rights
Compliance with Laws
Export Control
Non-Solicitation
Anti-Corruption
Subcontracting
Service Levels
Documentation
Training
Business Continuity
Source Code Escrow
Usage Restrictions
Technical Requirements
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 framework of the license agreement.
Danish Copyright Act (Ophavsretsloven): Regulates intellectual property rights, crucial for software licensing and protecting the rights holder's interests.
Danish Marketing Practices Act (Markedsføringsloven): Governs commercial practices and marketing, including B2B relationships and fair business practices.
EU General Data Protection Regulation (GDPR): Essential for addressing data protection requirements if the software processes personal data, as implemented in Danish law.
Danish Sale of Goods Act (Købeloven): While primarily for goods, its principles on warranties and defects may apply analogously to software licenses.
Danish Competition Act (Konkurrenceloven): Relevant for ensuring license terms don't violate competition laws, especially regarding restrictions and exclusivity.
Danish E-Commerce Act (E-handelsloven): May be relevant if the software license is distributed or sold through electronic means.
Danish Act on Processing of Personal Data (Databeskyttelsesloven): National implementation of GDPR, providing specific Danish requirements for data protection.
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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