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Private Software License Template for Denmark

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Private Software License

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This Private Software License agreement is essential for organizations seeking to formalize the terms of software usage under Danish jurisdiction. The document is typically used when a software provider (licensor) grants usage rights to a private company or organization (licensee) while retaining ownership of the intellectual property. It addresses key aspects required under Danish law and EU regulations, including license scope, fees, maintenance, support, data protection (GDPR compliance), and liability limitations. This agreement type is particularly important in the Danish market where software licensing must comply with both national and EU requirements, making it distinct from other jurisdictions. The document provides comprehensive protection for both parties while ensuring transparency and legal compliance in software licensing relationships.
Suggested Sections

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

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

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Scope, nature, and limitations of the software license, including territory and usage restrictions

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

6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software

8. Technical Support and Maintenance: Terms for ongoing support and maintenance services

9. Warranties and Representations: Standard warranties regarding software functionality and performance

10. Limitation of Liability: Limitations and exclusions of liability compliant with Danish law

11. Term and Termination: Duration of the license and circumstances for termination

12. Confidentiality: Protection of confidential information exchanged between parties

13. Data Protection: GDPR compliance and data processing obligations

14. Governing Law and Jurisdiction: Confirmation of Danish law governance and dispute resolution procedures

Optional Sections

1. Third-Party Software: Include when the licensed software incorporates third-party components

2. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

3. Professional Services: Include when additional implementation or customization services are provided

4. Service Level Agreement: Include for software provided as a service or with specific performance requirements

5. Export Control: Include when software may be subject to export regulations

6. Insurance: Include when specific insurance coverage is required from either party

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

8. White Labeling: Include when licensee is permitted to rebrand or redistribute the software

Suggested Schedules

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

2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure and schedules

3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance services

4. Schedule 4 - Service Level Agreement: Performance metrics, availability requirements, and service credits

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and security measures

6. Schedule 6 - Acceptable Use Policy: Guidelines and restrictions for software usage

7. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation

8. Appendix B - Authorized Users: Definition and limitations of authorized users and access rights

Authors

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Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
License Term
Licensed Software
Maintenance Services
Material Breach
Normal Business Hours
Personal Data
Processing
Software Updates
Software Upgrades
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
User Acceptance Testing
Working Hours
Acceptance Criteria
Affiliate
API
Applicable Law
Bug
Business Requirements
Data Controller
Data Processor
Data Subject
Defect
Deliverables
Development Environment
Disaster Recovery Plan
Error
GDPR
Implementation Services
Incident
Installation Date
Intellectual Property
Interface
Maintenance Window
Major Release
Minor Release
Object Code
Patch
Production Environment
Response Time
Service Credits
Service Levels
Software Documentation
Software License Key
Support Level
Test Environment
User Interface
Virus
Warranty Period
Clauses
Recitals
Definitions
License Grant
License Restrictions
Delivery and Installation
License Fees
Payment Terms
Software Usage Rights
Intellectual Property Rights
Technical Support
Maintenance Services
Service Levels
Documentation
Training
Warranties
Representations
Limitation of Liability
Indemnification
Term
Termination
Confidentiality
Data Protection
GDPR Compliance
Security Requirements
Audit Rights
Force Majeure
Assignment
Subcontracting
Notice
Amendments
Waiver
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Compliance with Laws
Export Control
Insurance
Business Continuity
Source Code Escrow
Performance Monitoring
Acceptance Testing
Change Control
Personnel
Reports and Records
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and general contractual principles in Denmark
Danish Copyright Act (Ophavsretsloven): Regulates intellectual property rights, including software protection and licensing rights
EU General Data Protection Regulation (GDPR): Governs data protection and privacy requirements if the software processes personal data
Danish Marketing Practices Act (Markedsføringsloven): Regulates commercial practices and consumer protection, including requirements for fair and clear contract terms
Danish Competition Act (Konkurrenceloven): Ensures license terms don't contain anti-competitive provisions
EU Consumer Rights Directive: Provides consumer protection rules that may apply if the software is licensed to private individuals
Danish Sale of Goods Act (Købeloven): May apply to software licensing transactions, particularly regarding warranty and liability provisions
EU Software Directive (2009/24/EC): Provides framework for software protection and permitted uses of licensed software
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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