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Software License And Support Agreement

Software License And Support Agreement Template for Netherlands

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Key Requirements PROMPT example:

Software License And Support Agreement

"I need a Software License and Support Agreement for a cloud-based financial software solution that we'll be licensing to banks in the Netherlands, with specific emphasis on data security, GDPR compliance, and 24/7 support services."

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Document background
A Software License and Support Agreement is essential for organizations providing or acquiring software solutions with ongoing support services in the Netherlands. This document type is crucial when establishing a long-term relationship between software providers and users, combining both licensing rights and support obligations under Dutch law. It addresses key aspects such as software usage rights, technical support, maintenance, updates, service levels, and fee structures, while ensuring compliance with Dutch and EU regulations, including GDPR and consumer protection laws. The agreement is particularly relevant for business-to-business transactions where software is a critical component of operations and requires ongoing support and maintenance. It provides legal protection for both parties while establishing clear operational frameworks for software usage and support services.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the software, and the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, Documentation, Support Services, Updates, etc.

4. License Grant: Scope of the license, including type (perpetual/term), territory, usage rights, and restrictions

5. License Fees: Payment terms, fee structure, payment schedule, and late payment consequences

6. Support Services: Description of support services, service levels, response times, and support hours

7. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims

8. Confidentiality: Protection of confidential information, obligations, and exceptions

9. Data Protection: GDPR compliance, data processing terms, and data security measures

10. Warranties: Software and service warranties, disclaimer of warranties, and warranty period

11. Liability and Indemnification: Limitation of liability, exclusions, and indemnification obligations

12. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations

13. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement

Optional Sections

1. Hardware Requirements: Include when specific hardware is required to run the software, specifying minimum requirements and compatibility

2. Professional Services: Include when additional services like implementation, training, or consulting are offered

3. Service Level Agreement: Include for enterprise software or when specific performance metrics are guaranteed

4. Disaster Recovery: Include for business-critical software or when handling sensitive data

5. Third-Party Software: Include when the software incorporates third-party components or requires third-party licenses

6. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

7. Cloud Services: Include for SaaS solutions, covering hosting, availability, and cloud-specific terms

8. Export Control: Include when software may be subject to export control regulations

9. Implementation Services: Include when software requires professional implementation services

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, including modules, features, and functionality

2. Schedule 2 - Support Service Levels: Detailed support service levels, response times, and escalation procedures

3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, support fees, and payment terms

4. Schedule 4 - Technical Requirements: Technical specifications, system requirements, and compatibility information

5. Schedule 5 - Processing Activities: Details of data processing activities for GDPR compliance

6. Schedule 6 - Maintenance Windows: Scheduled maintenance times and procedures

7. Appendix A - Authorized Users: Definition and listing of authorized users or user categories

8. Appendix B - Support Procedures: Detailed procedures for requesting and receiving support services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Agreement
Authorized Users
Business Day
Business Hours
Commencement Date
Confidential Information
Configuration
Critical Error
Data Protection Laws
Documentation
Effective Date
Error
Fees
Force Majeure Event
Good Industry Practice
Help Desk
Intellectual Property Rights
License
License Fee
Licensee
Licensor
Maintenance Release
Major Release
Minor Release
Normal Business Hours
Operating Environment
Personal Data
Processing
Response Time
Service Credits
Service Levels
Software
Source Code
Specification
Support Fee
Support Hours
Support Services
System
Term
Territory
Third-Party Software
Update
Upgrade
User Acceptance Testing
User Documentation
Virus
Working Day
Clauses
License Grant
Support Services
Service Levels
Payment Terms
Intellectual Property Rights
Data Protection
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Dispute Resolution
Governing Law
Usage Restrictions
Performance Standards
Acceptance Testing
Documentation
Maintenance and Updates
Security Requirements
Technical Support
Training
Implementation
Change Control
Exit Management
Business Continuity
Disaster Recovery
Third-Party Rights
Anti-Bribery
Export Control
Insurance
Notices
Entire Agreement
Severability
Waiver
Amendments
Survival
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Government

Energy

Transportation

Media and Entertainment

Insurance

Real Estate

Construction

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Software Development

Technical Support

Sales

Operations

Risk Management

Product Management

Contract Administration

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Chief Information Officer

Contract Manager

IT Security Officer

Compliance Officer

Technical Support Manager

Account Executive

Sales Director

Product Manager

Solutions Architect

Business Development Manager

Operations Manager

Risk Manager

Software License Administrator

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, governing contract formation, validity, interpretation, and enforcement. Particularly relevant are Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts).
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and data protection requirements, which is crucial if the software processes user data or if support services involve access to personal data.
Dutch Copyright Act (Auteurswet): Governs copyright protection for software and related documentation, establishing the framework for software licensing and intellectual property rights.
EU Consumer Rights Directive (as implemented in Dutch law): If the agreement involves B2C transactions, this legislation provides mandatory consumer protection rules, including information requirements and right of withdrawal.
Dutch Telecommunications Act (Telecommunicatiewet): Relevant if the software includes electronic communication services or involves cookies/tracking technologies.
EU Database Directive (as implemented in Dutch law): Provides protection for databases, which may be relevant if the software includes or creates databases.
Dutch Competition Act (Mededingingswet): Ensures compliance with competition law, particularly relevant for licensing restrictions and territorial limitations.
EU Software Directive (as implemented in Dutch law): Specific provisions for the legal protection of computer programs, including reverse engineering and interoperability provisions.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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