The Software Distribution License agreement is essential for businesses seeking to expand their software distribution channels in the Netherlands and potentially across the EU. This document is crucial when a software owner wants to authorize third parties to distribute their software products while maintaining control over distribution methods, quality standards, and brand reputation. The agreement, governed by Dutch law, needs to comply with both local and EU regulations, including the Dutch Civil Code, EU Software Directive, and where applicable, GDPR requirements. It defines the commercial relationship between the licensor and distributor, establishing clear rights, obligations, and limitations for software distribution, while protecting the intellectual property rights of the software owner.
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1. Parties: Identification and details of the licensor and distributor
2. Background: Context of the agreement and brief description of the software and distribution arrangement
3. Definitions: Key terms used throughout the agreement including Software, Territory, Intellectual Property Rights, etc.
4. Grant of License: Scope of distribution rights, territory, and any restrictions on use
5. Distribution Rights and Obligations: Specific rights and responsibilities of the distributor, including permitted distribution methods
6. License Fees and Payment Terms: Commercial terms, pricing, payment schedules, and reporting requirements
7. Intellectual Property Rights: Ownership of IP, protection measures, and handling of infringement
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Representations: Standard warranties regarding software ownership, performance, and compliance
10. Limitation of Liability: Liability caps and exclusions in accordance with Dutch law
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Post-Termination Obligations: Obligations of parties after agreement ends
13. Governing Law and Jurisdiction: Dutch law as governing law and jurisdiction for disputes
1. Source Code Access: Terms for access to source code if modification rights are granted
2. Technical Support and Maintenance: Support obligations if distributor provides technical support to end-users
3. Data Protection: GDPR compliance requirements if personal data is processed
4. Quality Control: Quality standards and testing requirements if distributor modifies software
5. Marketing and Promotion: Terms governing marketing activities and use of trademarks
6. Training: Training obligations if distributor requires technical training
7. Audit Rights: Right to audit distributor's compliance with agreement terms
8. Insurance: Insurance requirements if specific coverage is needed
9. Export Control: Export compliance requirements if international distribution
10. Sub-distributors: Terms governing appointment of sub-distributors if permitted
1. Schedule 1 - Software Description: Detailed technical specification of the software
2. Schedule 2 - License Fees: Detailed pricing structure and payment terms
3. Schedule 3 - Territory: Detailed description of authorized distribution territory
4. Schedule 4 - Service Level Agreement: Technical support and maintenance requirements if applicable
5. Schedule 5 - End User License Agreement: Standard EULA to be used with end users
6. Schedule 6 - Trademark Usage Guidelines: Rules for using licensor's trademarks and branding
7. Appendix A - Technical Documentation: Technical documentation and specifications
8. Appendix B - Security Requirements: Security standards and requirements for distribution
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