The Master Software License Agreement serves as the foundational contract for software licensing relationships under Dutch law. It is typically used when a software provider wishes to establish a long-term licensing framework with a customer, allowing for multiple subsequent software licenses or orders under a single master agreement. This document addresses critical aspects such as intellectual property rights, usage permissions, compliance with Dutch and EU regulations (including GDPR), liability limitations, and technical requirements. The agreement is designed to protect both the software provider's IP rights and the licensee's usage rights while ensuring compliance with Dutch legal requirements and industry standards. It provides a robust framework for managing software licenses, updates, maintenance, and support services.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the software license
3. Definitions: Detailed definitions of terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. License Grant: Scope of the license, permitted uses, and express restrictions on use of the software
5. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of derivative works
6. Fees and Payment: License fees, payment terms, invoicing, and consequences of non-payment
7. Term and Termination: Duration of agreement, renewal terms, termination rights, and post-termination obligations
8. Warranties and Representations: Software performance warranties, compliance with laws, and standard business warranties
9. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
10. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms
11. Limitation of Liability: Caps on liability, exclusions, and carve-outs for specific breaches
12. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, and amendment process
1. Service Levels: Include when the agreement covers software maintenance and support services
2. Professional Services: Include when implementation, configuration, or training services are part of the agreement
3. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
4. Audit Rights: Include for licenses based on usage metrics or compliance requirements
5. Insurance: Include when specific insurance coverage is required due to high-value or high-risk implementations
6. Export Control: Include for cross-border licensing involving regulated technology
7. Third Party Software: Include when the licensed software incorporates third-party components
8. Disaster Recovery: Include for business-critical software implementations
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Metrics: Definition of usage metrics, pricing tiers, and calculation methods
3. Service Level Agreement: Performance standards, support levels, and remedies for non-compliance
4. Data Processing Agreement: GDPR-compliant data processing terms and security measures
5. Maintenance and Support: Details of maintenance services, support hours, and response times
6. Professional Services: Scope of implementation, training, or consulting services if included
7. Authorized Users: Categories of permitted users and associated access rights
8. Fee Schedule: Detailed pricing, payment schedules, and fee calculations
Relevant legal definitions
Acceptance
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
License Key
License Metrics
Licensed Software
Maintenance Services
Major Release
Minor Release
Open Source Software
Party/Parties
Personal Data
Processing/Process
Professional Services
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
User Acceptance Testing
Virus
Working Hours
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
License Key
License Metrics
Licensed Software
Maintenance Services
Major Release
Minor Release
Open Source Software
Party/Parties
Personal Data
Processing/Process
Professional Services
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
User Acceptance Testing
Virus
Working Hours
Clauses
License Grant
Intellectual Property Rights
Fees and Payment
Use Restrictions
Delivery and Acceptance
Service Levels
Technical Support
Maintenance
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Security Requirements
Audit Rights
Term and Termination
Force Majeure
Assignment
Compliance with Laws
Dispute Resolution
Governing Law
Insurance
Notice
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Export Control
Anti-Corruption
Source Code Escrow
Business Continuity
Change Control
Performance Monitoring
Disaster Recovery
Intellectual Property Rights
Fees and Payment
Use Restrictions
Delivery and Acceptance
Service Levels
Technical Support
Maintenance
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Security Requirements
Audit Rights
Term and Termination
Force Majeure
Assignment
Compliance with Laws
Dispute Resolution
Governing Law
Insurance
Notice
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Export Control
Anti-Corruption
Source Code Escrow
Business Continuity
Change Control
Performance Monitoring
Disaster Recovery
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Insurance
Logistics
Energy
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk & Compliance
Vendor Management
Software Asset Management
Data Protection
Enterprise Architecture
Finance
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Contract Manager
Information Security Officer
Data Protection Officer
Enterprise Architect
Chief Information Officer
Vendor Management Officer
Risk & Compliance Manager
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