This Software Product License Agreement template is designed for use under Dutch law when a software provider (licensor) wishes to grant usage rights for their software product to another party (licensee). The document is essential for software companies operating in or from the Netherlands, or parties choosing Dutch law as their governing law. It incorporates requirements from the Dutch Civil Code, EU Software Directive, and where applicable, GDPR and consumer protection regulations. The agreement covers critical aspects including license scope, usage restrictions, intellectual property protection, warranties, and liability limitations. It's particularly relevant for both B2B and B2C software licensing transactions, with flexibility to accommodate various licensing models (perpetual, subscription-based, etc.) while ensuring compliance with Dutch legal requirements.
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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 product, and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Fees and Payment: License fees, payment terms, and payment methods
8. Term and Termination: Duration of the license and circumstances for termination
9. Warranties and Representations: Standard warranties regarding software functionality and IP rights
10. Limitation of Liability: Limitations and exclusions of liability under Dutch law
11. Confidentiality: Protection of confidential information exchanged
12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
13. General Provisions: Standard boilerplate clauses including assignment, severability, and entire agreement
1. Software Maintenance and Support: Terms for ongoing maintenance and technical support - include if support services are offered
2. Service Levels: Performance standards and metrics - include for enterprise software
3. Data Protection: GDPR compliance terms - include if personal data is processed
4. Source Code Escrow: Terms for source code deposit and release - include for business-critical software
5. Export Controls: Export regulation compliance - include for international licensing
6. Third-Party Software: Terms regarding incorporated third-party components - include if relevant
7. Training and Implementation: Terms for training and deployment services - include if offered
8. Audit Rights: Terms for usage auditing - include for volume-based licensing
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed pricing structure and payment schedules
3. Schedule 3 - Technical Requirements: Minimum system requirements and supported platforms
4. Schedule 4 - Support Services: Detailed description of support services and service levels if applicable
5. Schedule 5 - Approved Users: List of authorized users or user categories if license is restricted
6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if applicable
Relevant legal definitions
Acceptance
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Key
Maintenance Services
Open Source Software
Personal Data
Product
Renewal Term
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
User Data
Working Hours
Workaround
Affiliate
Agreement
API
Applicable Law
Business Hours
Defect
Deliverables
Designated Equipment
Installation Site
Licensed Materials
Modifications
Object Code
Permitted Purpose
Release
Service Levels
Technical Requirements
Use
User Interface
Version
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Key
Maintenance Services
Open Source Software
Personal Data
Product
Renewal Term
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
User Data
Working Hours
Workaround
Affiliate
Agreement
API
Applicable Law
Business Hours
Defect
Deliverables
Designated Equipment
Installation Site
Licensed Materials
Modifications
Object Code
Permitted Purpose
Release
Service Levels
Technical Requirements
Use
User Interface
Version
Clauses
License Grant
License Restrictions
Intellectual Property
Fees and Payment
Delivery and Installation
Acceptance Testing
Warranties
Support and Maintenance
Term and Termination
Confidentiality
Data Protection
Liability Limitation
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Service Levels
Usage Rights
Technical Requirements
Documentation
Third-Party Components
Updates and Upgrades
Security Requirements
Disaster Recovery
Dispute Resolution
Governing Law
Change Control
Personnel
Insurance
Compliance with Laws
Notice
Severability
Entire Agreement
Interpretation
Waiver
Survival
License Restrictions
Intellectual Property
Fees and Payment
Delivery and Installation
Acceptance Testing
Warranties
Support and Maintenance
Term and Termination
Confidentiality
Data Protection
Liability Limitation
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Service Levels
Usage Rights
Technical Requirements
Documentation
Third-Party Components
Updates and Upgrades
Security Requirements
Disaster Recovery
Dispute Resolution
Governing Law
Change Control
Personnel
Insurance
Compliance with Laws
Notice
Severability
Entire Agreement
Interpretation
Waiver
Survival
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government
E-commerce
Media and Entertainment
Research and Development
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Sales
Compliance
Software Development
Contract Management
Risk Management
Commercial Operations
Business Development
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
Chief Technology Officer
IT Director
Procurement Manager
Sales Director
Commercial Director
Software Development Manager
Compliance Officer
General Counsel
Business Development Manager
Account Executive
Legal Operations Manager
Risk Manager
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