This On Premise Software License Agreement is designed for use in the Netherlands and complies with Dutch legal requirements and EU regulations. It is specifically crafted for situations where a software vendor provides software that will be installed and operated on the customer's own IT infrastructure, rather than being delivered as a cloud service. The agreement covers essential aspects such as license scope, usage rights, intellectual property protection, maintenance services, and compliance requirements. It is particularly suitable for enterprise software deployments where the customer requires direct control over the software installation and data storage. The document includes comprehensive terms for software delivery, acceptance testing, warranty provisions, and support services, all aligned with Dutch legal standards and business practices.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, 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, and License Fees
4. License Grant: Scope of the license, including type (non-exclusive), territory, and permitted use
5. License Restrictions: Specific prohibitions and limitations on software use, including no modification, reverse engineering, or redistribution
6. License Fees: Payment terms, fee structure, and payment schedule
7. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
8. Intellectual Property Rights: Ownership of IP rights, protection measures, and handling of infringement claims
9. Warranties and Representations: Standard warranties regarding software functionality, compliance with specifications, and non-infringement
10. Support and Maintenance: Basic support terms and maintenance obligations
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Limitation of Liability: Limitations and exclusions of liability in accordance with Dutch law
13. Term and Termination: Duration of agreement, renewal terms, and termination rights
14. Effects of Termination: Consequences of agreement termination, including software removal and return of materials
15. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment process
1. Hardware Requirements: Detailed hardware specifications required for software operation, used when software has specific hardware dependencies
2. Professional Services: Terms for additional services like implementation, training, or customization, included when professional services are part of the deal
3. Service Levels: Specific performance metrics and remedies, included for business-critical software
4. Data Protection: GDPR compliance terms, included when software processes personal data
5. Disaster Recovery: Business continuity and disaster recovery requirements, for mission-critical applications
6. Source Code Escrow: Terms for source code escrow arrangements, included for business-critical software or at customer request
7. Export Control: Export compliance terms, included when software is subject to export regulations
8. Third Party Software: Terms regarding third-party components, included when software incorporates third-party elements
9. Insurance: Insurance requirements and coverage details, for high-value or high-risk implementations
1. Schedule 1 - Software Description: Detailed description of the licensed software, including modules, features, and specifications
2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and pricing models
3. Schedule 3 - Technical Requirements: Technical specifications, system requirements, and compatibility information
4. Schedule 4 - Support Services: Detailed support and maintenance terms, including SLAs and response times
5. Schedule 5 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms when applicable
7. Appendix B - Service Level Agreement: Detailed service levels and performance metrics when applicable
Relevant legal definitions
Acceptance
Acceptance Tests
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Error
Fees
Force Majeure Event
Good Industry Practice
Hardware Requirements
Intellectual Property Rights
License
License Fee
License Term
Licensed Location
Maintenance Release
Major Release
Malicious Code
New Version
Normal Business Hours
Personal Data
Professional Services
Representatives
Security Requirements
Service Levels
Software
Software Modifications
Source Code
Specifications
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Documentation
Virus
Warranty Period
Acceptance Tests
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Error
Fees
Force Majeure Event
Good Industry Practice
Hardware Requirements
Intellectual Property Rights
License
License Fee
License Term
Licensed Location
Maintenance Release
Major Release
Malicious Code
New Version
Normal Business Hours
Personal Data
Professional Services
Representatives
Security Requirements
Service Levels
Software
Software Modifications
Source Code
Specifications
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Documentation
Virus
Warranty Period
Clauses
License Grant
License Restrictions
Intellectual Property Rights
Delivery and Installation
Acceptance Testing
Payment Terms
Support and Maintenance
Service Levels
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Security Requirements
Audit Rights
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Insurance
Export Control
Third Party Rights
Notice
Entire Agreement
Severability
Non-Solicitation
Compliance with Laws
Source Code Escrow
Business Continuity
License Restrictions
Intellectual Property Rights
Delivery and Installation
Acceptance Testing
Payment Terms
Support and Maintenance
Service Levels
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Security Requirements
Audit Rights
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Insurance
Export Control
Third Party Rights
Notice
Entire Agreement
Severability
Non-Solicitation
Compliance with Laws
Source Code Escrow
Business Continuity
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Energy & Utilities
Education
Government
Logistics & Transportation
Construction
Real Estate
Insurance
Pharmaceutical
Relevant Teams
Legal
Information Technology
Procurement
Finance
Risk & Compliance
Information Security
Operations
Vendor Management
Commercial
Enterprise Architecture
Software Asset Management
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Contract Manager
IT Security Officer
Chief Technology Officer
Enterprise Architect
Commercial Director
Chief Legal Officer
Chief Financial Officer
IT Operations Manager
Risk & Compliance Manager
Vendor Manager
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