The Software Sublicense Agreement is essential for organizations that wish to extend their software licensing rights to third parties under Dutch law. This document is typically used when a primary licensee needs to grant software usage rights to other entities while maintaining compliance with their master license agreement. It becomes particularly relevant in scenarios involving software resellers, distributors, or companies extending software access to subsidiaries or partners. The agreement must carefully balance the requirements of Dutch contract law, EU regulations, and specific software licensing principles. It includes detailed provisions for usage scope, territorial restrictions, payment structures, and compliance mechanisms. Special attention is given to intellectual property protection, data privacy requirements under GDPR, and alignment with the original license terms.
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1. Parties: Identification of the sublicensor and sublicensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, reference to the master license, and confirmation of sublicensor's authority to grant sublicenses
3. Definitions: Key terms used throughout the agreement, including Software, Documentation, Master License, Territory, and Intellectual Property Rights
4. Grant of Sublicense: Scope of the sublicense, including territory, term, and usage restrictions in alignment with master license terms
5. License Restrictions: Specific limitations on use, modification, reverse engineering, and distribution of the software
6. Payment Terms: License fees, payment schedule, and any recurring charges
7. Intellectual Property Rights: Confirmation of ownership rights, protection measures, and handling of improvements or modifications
8. Confidentiality: Protection of confidential information exchanged during the agreement
9. Warranties and Representations: Warranties regarding authority to sublicense, software performance, and compliance with master license
10. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Post-Termination Obligations: Actions required upon termination, including software deletion and return of materials
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Support and Maintenance: Include when the sublicensor will provide technical support or maintenance services
2. Data Protection: Required when the software processes personal data, ensuring GDPR compliance
3. Security Requirements: Include for software handling sensitive data or requiring specific security measures
4. Export Control: Necessary when software may be subject to export control regulations
5. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
6. Performance Standards: Include when specific performance levels or metrics are guaranteed
7. Audit Rights: Include when sublicensor requires rights to audit sublicensee's compliance
8. Training and Implementation: Include when sublicensor will provide training or implementation services
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Service Level Agreement: Performance metrics and support levels if applicable
5. Schedule 5 - Master License Terms: Relevant excerpts or summary of master license terms affecting sublicense
6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software usage
7. Appendix B - Security Requirements: Specific security measures and compliance requirements
8. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms if applicable
Relevant legal definitions
Agreement
Authorized Users
Confidential Information
Documentation
Effective Date
End User
Fees
Force Majeure
Intellectual Property Rights
License Term
Master License
Master Licensor
Modifications
Original Software
Performance Standards
Personal Data
Security Requirements
Services
Software
Source Code
Specifications
Sublicensed Software
Sublicensee
Sublicensor
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Updates
Upgrades
User Interface
Working Day
Acceptance Criteria
Affiliate
Authorized Purpose
Client Data
Commencement Date
Designated Equipment
Error
Installation Site
License Keys
Maintenance Services
Object Code
Operating Environment
Software Release
Term
Use
Virus
Authorized Users
Confidential Information
Documentation
Effective Date
End User
Fees
Force Majeure
Intellectual Property Rights
License Term
Master License
Master Licensor
Modifications
Original Software
Performance Standards
Personal Data
Security Requirements
Services
Software
Source Code
Specifications
Sublicensed Software
Sublicensee
Sublicensor
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Updates
Upgrades
User Interface
Working Day
Acceptance Criteria
Affiliate
Authorized Purpose
Client Data
Commencement Date
Designated Equipment
Error
Installation Site
License Keys
Maintenance Services
Object Code
Operating Environment
Software Release
Term
Use
Virus
Clauses
Grant of License
License Restrictions
Payment
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Compliance with Laws
Audit Rights
Security
Performance Standards
Support and Maintenance
Export Control
Source Code Escrow
Non-Competition
Dispute Resolution
Governing Law
Insurance
Notice
Entire Agreement
Severability
Third Party Rights
Amendment
Waiver
Counterparts
Survival
License Restrictions
Payment
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Compliance with Laws
Audit Rights
Security
Performance Standards
Support and Maintenance
Export Control
Source Code Escrow
Non-Competition
Dispute Resolution
Governing Law
Insurance
Notice
Entire Agreement
Severability
Third Party Rights
Amendment
Waiver
Counterparts
Survival
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
E-commerce
Manufacturing
Professional Services
Telecommunications
Education
Research & Development
Digital Media
Cloud Services
Relevant Teams
Legal
Information Technology
Compliance
Commercial
Software Development
Procurement
Business Development
Partner Management
Risk Management
Intellectual Property
Operations
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Compliance Officer
Commercial Director
Software Distribution Manager
Business Development Manager
Contract Manager
IP Rights Manager
Software Asset Manager
Partnership Manager
Technology Transfer Officer
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