This Software License Commercial Use agreement is designed for situations where a software provider grants a commercial entity the right to use its proprietary software under Danish law. The document is essential for software companies operating in or with Danish businesses, ensuring compliance with both Danish national legislation and EU regulations. It provides comprehensive coverage of license scope, usage rights, intellectual property protection, payment terms, and support obligations. The agreement is particularly important in the Danish market where specific requirements under the Danish Copyright Act (Ophavsretsloven) and Contracts Act (Aftaleloven) must be addressed, while also considering EU-wide regulations such as GDPR when applicable.
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Key Requirements PROMPT example:
Software License Commercial Use
I need a Software License Commercial Use agreement for my enterprise accounting software, which will be licensed to a Danish manufacturing company for 50 users starting March 1, 2025, with specific provisions for data protection and integration with their existing ERP system.
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 general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', 'License Fee', etc.
4. License Grant: Scope of the license, including type (non-exclusive/exclusive), permitted uses, and territory restrictions
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Confirmation of ownership rights and protection of IP
7. License Fees and Payment: Payment terms, fee structure, and payment schedule
8. Warranties and Representations: Warranties regarding software functionality, performance, and compliance with laws
9. Support and Maintenance: Basic terms for technical support and software updates
10. Confidentiality: Protection of confidential information exchanged between parties
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. Term and Termination: Duration of agreement and circumstances for termination
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Processing Terms: Required if the software processes personal data, ensuring GDPR compliance
2. Multi-User License Terms: Needed for software licensed to multiple users within an organization
3. Source Code Escrow: Optional protection for licensee through source code escrow arrangements
4. Service Level Agreement: Required for software provided as a service (SaaS)
5. Export Control: Necessary if software is subject to export regulations
6. Third-Party Software: Required if the software incorporates third-party components
7. Audit Rights: Optional clause allowing licensor to verify compliance with license terms
8. Insurance Requirements: Optional section specifying required insurance coverage
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure, and any variable pricing elements
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 related penalties
5. Schedule 5 - Acceptable Use Policy: Detailed rules and guidelines for software usage
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation
7. Appendix B - Security Requirements: Security standards and protocols to be maintained
8. Appendix C - Data Processing Agreement: Detailed terms for personal data processing in compliance with GDPR
Authors
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fee(s)
Force Majeure
Intellectual Property Rights
License
License Term
Licensed Software
Maintenance Services
Material Breach
Modifications
Normal Business Hours
Object Code
Personal Data
Professional Services
Proprietary Rights
Schedule
Services
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User(s)
User Documentation
Virus
Warranties
Working Hours
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fee(s)
Force Majeure
Intellectual Property Rights
License
License Term
Licensed Software
Maintenance Services
Material Breach
Modifications
Normal Business Hours
Object Code
Personal Data
Professional Services
Proprietary Rights
Schedule
Services
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User(s)
User Documentation
Virus
Warranties
Working Hours
Clauses
License Grant
License Restrictions
License Fee
Payment Terms
Intellectual Property Rights
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Support and Maintenance
Service Levels
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Export Control
Insurance
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Non-Solicitation
Acceptance Testing
Installation
Training
Documentation
Security Requirements
Backup and Recovery
Change Control
License Restrictions
License Fee
Payment Terms
Intellectual Property Rights
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Support and Maintenance
Service Levels
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Export Control
Insurance
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Non-Solicitation
Acceptance Testing
Installation
Training
Documentation
Security Requirements
Backup and Recovery
Change Control
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Entertainment
E-commerce
Logistics
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Development
Operations
Risk Management
Commercial
Finance
Technical Operations
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
Chief Information Officer
Information Security Officer
Technology Compliance Manager
Software Asset Manager
Enterprise Architect
Business Development Manager
Operations Manager
Risk Manager
Commercial Director
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