The Proprietary Software License Agreement is essential for organizations seeking to license their software products while maintaining control over their intellectual property. This document is used when a software owner (licensor) wants to grant specific usage rights to a customer (licensee) while retaining ownership and controlling how the software can be used. Under Danish law, this agreement must comply with both national legislation and EU regulations, making it suitable for domestic and international transactions. The agreement covers crucial aspects such as license scope, usage restrictions, fees, warranties, and compliance requirements. It's particularly important for software companies operating in Denmark or parties choosing Danish law as their governing law, as it incorporates specific requirements under the Danish legal framework while maintaining alignment with EU software licensing practices.
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Key Requirements PROMPT example:
Proprietary Software Licence
I need a Proprietary Software License Agreement for my enterprise-level cybersecurity software, which will be licensed to Danish financial institutions with strict data protection requirements and include source code escrow provisions.
1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', 'Licensed Users', etc.
4. Grant of License: Scope of the license grant, including type (e.g., perpetual/term-based), territory, and whether exclusive/non-exclusive
5. License Restrictions: Specific restrictions on use of the software, including prohibitions on reverse engineering, sublicensing, etc.
6. Intellectual Property Rights: Confirmation of ownership of IP rights and protection of licensor's rights
7. License Fees: Payment terms, fee structure, and payment schedule
8. Licensee Obligations: Key obligations of the licensee including security measures and usage compliance
9. Warranties and Representations: Warranties provided for the software and disclaimer of warranties
10. Liability and Indemnification: Limitation of liability clauses and indemnification obligations
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Required if the software processes personal data, ensuring GDPR compliance
2. Maintenance and Support: Include if maintenance and support services are part of the license agreement
3. Service Levels: Include if specific performance levels or uptime guarantees are provided
4. Audit Rights: Include for licenses where usage monitoring is important
5. Export Control: Required if the software is subject to export control regulations
6. Source Code Escrow: Include if source code escrow arrangements are part of the agreement
7. Training and Implementation: Include if the license includes training or implementation services
8. Third-Party Software: Required if the software incorporates third-party components
1. Software Description: Detailed technical specifications and description of the licensed software
2. License Fees Schedule: Detailed breakdown of license fees, payment terms, and calculation methods
3. Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Service Level Agreement: Detailed performance metrics and service levels if applicable
5. Support and Maintenance Terms: Detailed description of support and maintenance services if included
6. Authorized Users: Definition and list of authorized users or user categories if applicable
7. Data Processing Terms: Detailed data processing terms and conditions if required for GDPR compliance
8. Security Requirements: Specific security requirements and protocols for software usage
Authors
Relevant legal definitions
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure
Intellectual Property Rights
License
License Key
Licensed Software
Maintenance Services
Materials
Object Code
Personal Data
Product Updates
Proprietary Information
Security Breach
Service Level Agreement
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Manual
Virus
Working Hours
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure
Intellectual Property Rights
License
License Key
Licensed Software
Maintenance Services
Materials
Object Code
Personal Data
Product Updates
Proprietary Information
Security Breach
Service Level Agreement
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Manual
Virus
Working Hours
Clauses
License Grant
License Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Acceptance Testing
Usage Rights
Technical Support
Maintenance Services
Service Levels
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Term and Termination
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Security Requirements
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Counterparts
License Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Acceptance Testing
Usage Rights
Technical Support
Maintenance Services
Service Levels
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Term and Termination
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Security Requirements
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Counterparts
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government and Public Sector
Energy and Utilities
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Commercial
Risk Management
Software Development
Product Management
Finance
Business Development
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Compliance Officer
Information Security Officer
Commercial Director
Contract Manager
Software Asset Manager
Chief Information Officer
Head of Legal
Technology Procurement Specialist
Risk Manager
Business Development Manager
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