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Permanent Software License

Permanent Software License Template for Denmark

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Permanent Software License

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This Permanent Software License agreement is designed for use in the Danish market when a software provider wishes to grant perpetual usage rights to their software. It incorporates requirements under Danish law, including the Danish Contracts Act (Aftaleloven) and Copyright Act (Ophavsretsloven), while also ensuring compliance with relevant EU regulations. The agreement is suitable for both business-to-business and business-to-consumer transactions, though its terms should be adjusted accordingly. It covers essential elements such as license scope, intellectual property rights, usage restrictions, warranties, and liability limitations, with optional provisions for implementation services, maintenance, and support. The document is particularly relevant when establishing long-term software usage rights without subscription or renewal requirements.
Suggested Sections

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

2. Background: Context of the agreement and general purpose of the software license

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. License Grant: Scope of the license, including usage rights, restrictions, and permitted users

5. Intellectual Property Rights: Ownership of IP, protection of rights, and any IP indemnification

6. License Fee: Payment terms, including method and timing of payment

7. Delivery and Installation: Terms regarding software delivery and basic installation requirements

8. Warranties: Software performance warranties and disclaimers

9. Liability and Indemnification: Limitation of liability and indemnification obligations

10. Term and Termination: Duration of the license and grounds for termination

11. Confidentiality: Protection of confidential information and trade secrets

12. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement

Optional Sections

1. Implementation Services: Detailed terms for software implementation when complex installation is required

2. Maintenance and Support: Terms for ongoing maintenance and technical support if offered

3. Service Levels: Performance metrics and service levels when specific performance guarantees are needed

4. Data Processing: GDPR compliance terms when personal data is processed by the software

5. Security Requirements: Specific security obligations when handling sensitive data or critical systems

6. Disaster Recovery: Business continuity provisions for business-critical software

7. Third-Party Software: Terms regarding incorporated third-party software components

8. Training: Provisions for user training when included in the license package

9. Export Control: Export compliance terms when software is subject to export regulations

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software and its components

2. Schedule 2 - Technical Specifications: Technical requirements and specifications of the software

3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule

4. Schedule 4 - Service Level Agreement: Detailed service levels and performance metrics if applicable

5. Schedule 5 - Support Services: Description of support services and procedures if included

6. Schedule 6 - Implementation Plan: Detailed implementation timeline and requirements if needed

7. Schedule 7 - Security Requirements: Specific security standards and requirements if applicable

8. Appendix A - Authorized Users: List of authorized users or user categories if restricted

9. Appendix B - Acceptable Use Policy: Detailed rules for acceptable use of the software

Authors

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Relevant legal definitions
Software
Licensed Materials
Documentation
Intellectual Property Rights
Authorized Users
Source Code
Object Code
Confidential Information
Effective Date
License Fee
Maintenance Services
Support Services
Implementation Services
Specifications
Updates
Upgrades
Third Party Software
Acceptance Tests
Acceptance Criteria
Business Day
Force Majeure
Personal Data
Data Protection Laws
Security Requirements
System Requirements
User Manual
Technical Documentation
API
Installation
Licensed Location
Permitted Purpose
Related Materials
Service Levels
Software Environment
Term
Territory
Use
Working Hours
Disaster Recovery Plan
Error
Critical Error
Defect
Delivery Date
Go-Live Date
Implementation Plan
Intellectual Property Claim
License Key
Maintenance Window
Production Environment
Response Time
Software Version
Test Environment
Virus
Warranty Period
Clauses
License Grant
Intellectual Property
Usage Rights
License Restrictions
Payment Terms
Delivery and Installation
Implementation
Technical Requirements
Documentation
Acceptance Testing
Warranties
Support and Maintenance
Service Levels
Confidentiality
Data Protection
Information Security
Audit Rights
Performance Monitoring
Liability Limitation
Indemnification
Force Majeure
Term and Termination
Exit Assistance
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Export Control
Anti-Corruption
Insurance
Business Continuity
Disaster Recovery
Change Control
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 intellectual property rights, including software protection. Critical for defining the scope of the license and protecting the software owner's rights.
Danish Marketing Practices Act (Markedsføringsloven): Governs commercial practices and marketing. Relevant for terms regarding product descriptions and warranties.
EU General Data Protection Regulation (GDPR): Crucial for addressing data protection aspects if the software processes personal data, including user data collection and processing terms.
Danish Sale of Goods Act (Købeloven): While primarily for goods, its principles may apply to software licenses, particularly regarding quality requirements and remedies for defects.
EU Competition Law and Danish Competition Act: Relevant for ensuring license terms don't contain anti-competitive provisions or abuse market dominance.
Danish E-Commerce Act (E-handelsloven): Applicable when the software license is sold online, covering electronic contracting and information requirements.
Danish Act on Processing of Personal Data (Databeskyttelsesloven): National implementation of GDPR principles, providing additional requirements for data processing in Denmark.
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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