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Click Wrap License Agreement

Click Wrap License Agreement Generator for Germany

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Key Requirements PROMPT example:

Click Wrap License Agreement

"I need a Click Wrap License Agreement for my new mobile gaming app that will be launched in Germany in March 2025, with specific focus on in-app purchases and user-generated content, compliant with German gaming regulations and GDPR."

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Document background
The Click Wrap License Agreement serves as a crucial legal instrument for software providers and digital service operators in the German market. This agreement type is specifically designed for electronic acceptance through user interaction, typically during software installation or service registration. It must adhere to strict German legal requirements regarding standard form contracts (AGB-Recht), e-commerce regulations, and EU data protection laws. The document includes essential provisions for software licensing, usage terms, data processing, liability limitations, and user obligations, all structured to meet German civil law requirements and EU regulatory standards.
Suggested Sections

1. Parties: Identification of the licensor and description of potential licensees/users

2. Background: Context of the agreement and description of the software/digital content being licensed

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Acceptance of Terms: Clear explanation of how users accept the terms and what constitutes acceptance

5. License Grant: Scope of the license, permitted uses, and restrictions

6. User Obligations: User responsibilities and restrictions on use of the software/content

7. Intellectual Property Rights: Statement of ownership and IP rights protection

8. Data Protection and Privacy: GDPR-compliant provisions on data collection, processing, and user rights

9. Warranty Disclaimer: Limitations on warranties in compliance with German law

10. Limitation of Liability: Limitations on liability that comply with German legal requirements

11. Term and Termination: Duration of the agreement and termination conditions

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

Optional Sections

1. Payment Terms: Required for paid software/services, detailing pricing, payment methods, and billing terms

2. Technical Requirements: Include when specific system requirements or technical specifications are necessary

3. Updates and Maintenance: Include when the software includes regular updates or maintenance services

4. Third-Party Content: Required when the software incorporates third-party materials or services

5. Export Controls: Include for software subject to export restrictions

6. Beta Testing Provisions: Include for pre-release or beta versions of software

7. User Content: Required when users can create, upload, or share content

8. Service Level Agreement: Include for software-as-a-service or cloud-based applications

Suggested Schedules

1. Privacy Policy: Detailed GDPR-compliant privacy policy

2. Acceptable Use Policy: Detailed rules and restrictions for software use

3. Technical Specifications: Detailed technical requirements and compatibility information

4. Third-Party Licenses: List and terms of third-party software components

5. Data Processing Agreement: Required under GDPR when processing personal data

6. Service Level Terms: Detailed service levels and performance metrics for online 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 Industries

Software Development

Digital Media

E-commerce

Mobile Applications

Cloud Services

Gaming

Enterprise Software

FinTech

Healthcare Technology

Educational Technology

Relevant Teams

Legal

Product Development

Compliance

Information Security

Software Development

User Experience

Risk Management

Customer Support

Technical Documentation

Data Protection

Relevant Roles

Legal Counsel

Software Development Manager

Product Manager

Compliance Officer

Data Protection Officer

IT Security Manager

Chief Technology Officer

Digital Rights Manager

Risk Manager

Business Development Manager

User Experience Designer

Industries
German Civil Code (BGB) §§ 145-147: Provisions regarding contract formation, offer and acceptance in German law, which apply to electronic contracts including click-wrap agreements
German Civil Code (BGB) § 312i: Special requirements for e-commerce contracts, including obligations of the business in electronic commerce
German Telemedia Act (TMG): Regulates electronic information and communication services, including requirements for online service providers
EU General Data Protection Regulation (GDPR): Comprehensive data protection law affecting how user data can be collected, processed, and stored through click-wrap agreements
German Act Against Unfair Competition (UWG): Regulates unfair commercial practices and ensures transparency in business-to-consumer relationships
German Civil Code (BGB) §§ 305-310: Regulations regarding standard business terms (AGB-Recht), which are crucial for click-wrap agreements as they are considered standard form contracts
EU Consumer Rights Directive (implemented in German law): Provides specific requirements for distance contracts and electronic commerce, including information obligations
EU eIDAS Regulation: Governs electronic identification and trust services for electronic transactions in the EU internal market
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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