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Software Product License

Software Product License Template for Netherlands

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Key Requirements PROMPT example:

Software Product License

"I need a Software Product License agreement for my enterprise SaaS platform that will be licensed to Dutch healthcare providers, with strict GDPR compliance requirements and including maintenance and support services."

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Document background
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.
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 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

Optional Sections

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

Suggested Schedules

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

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
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
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

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, governing contract formation, validity, interpretation, and enforcement
Dutch Copyright Act (Auteurswet): Governs copyright protection for software and related intellectual property rights
EU Computer Programs Directive (2009/24/EC): Provides specific legal protection for computer programs throughout the EU, implemented in Dutch law
General Data Protection Regulation (GDPR): Regulates data protection and privacy in the EU, relevant if the software processes personal data
Dutch Telecommunications Act (Telecommunicatiewet): Relevant for software that operates over telecommunications networks or internet
EU Consumer Rights Directive: Implemented in Dutch law, provides protection for consumers in digital content contracts
Dutch Implementation of the EU Digital Content Directive: Specific rules for contracts concerning digital content and digital services
Competition Law (Mededingingswet): Relevant for license restrictions and territorial limitations in software licensing
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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