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Standard Software License Agreement

Standard Software License Agreement Template for Germany

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Key Requirements PROMPT example:

Standard Software License Agreement

"I need a Standard Software License Agreement for our new cloud-based accounting software that we'll be licensing to small and medium-sized businesses in Germany, with specific provisions for data protection and monthly subscription-based pricing."

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Document background
This Standard Software License Agreement is designed for use in the German market, providing a legally compliant framework for software licensing transactions. It is suitable for both business-to-business and business-to-consumer relationships, incorporating requirements from the German Civil Code (BGB), German Copyright Act (UrhG), and relevant EU regulations including GDPR. The agreement is typically used when a software provider wishes to license their software products to end users or businesses while protecting their intellectual property rights and establishing clear usage terms. It includes comprehensive provisions for software delivery, implementation, maintenance, data protection, and liability allocation, all aligned with German legal requirements. The document can be customized based on the specific software product, licensing model, and whether it's for standard off-the-shelf software or customized solutions.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal details

2. Background: Context of the agreement and brief description of the software

3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, etc.

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

5. Delivery and Installation: Terms for software delivery, installation requirements and acceptance procedures

6. License Fees: Payment terms, fee structure, and payment schedule

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

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: GDPR compliance and data processing terms

10. Warranties: Software warranties and disclaimer provisions as per German law

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

12. Term and Termination: Duration, renewal, and termination conditions

13. Post-Termination: Obligations and rights after agreement termination

14. General Provisions: Standard legal provisions including governing law, jurisdiction, etc.

Optional Sections

1. Maintenance and Support: Include when ongoing support services are provided with the license

2. Service Levels: Include when specific performance metrics and service levels are guaranteed

3. Training: Include when training services are part of the agreement

4. Source Code Escrow: Include for critical software where source code access might be needed

5. Audit Rights: Include for licenses where usage monitoring is important

6. Export Control: Include when software may be subject to export restrictions

7. Third Party Software: Include when the software incorporates third-party components

8. Consumer Protection Provisions: Include for B2C software licenses

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software and its components

2. Schedule 2 - Technical Requirements: Hardware and system requirements for the software

3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment terms

4. Schedule 4 - Support Services: Description of support and maintenance services if included

5. Schedule 5 - Service Level Agreement: Detailed service levels and performance metrics if applicable

6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if required

7. Schedule 7 - Acceptance Testing: Acceptance testing procedures and criteria

8. Appendix A - Authorized Users: Definition and list of authorized users or user categories

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
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure
GDPR
Intellectual Property Rights
License
License Term
Licensed Software
Maintenance Services
Personal Data
Processing
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Manual
Installation
Acceptance Tests
Acceptance Criteria
Data Controller
Data Processor
Designated Equipment
Error
Critical Error
Major Error
Minor Error
Implementation Services
Initial Term
License Key
Permitted Purpose
Production Environment
Release
Service Levels
Site
Software Modules
Technical Support
Training Services
User Interface
Working Hours
Workstation
Clauses
License Grant
Intellectual Property
Payment Terms
Data Protection
Confidentiality
Warranties
Liability Limitation
Force Majeure
Termination
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Severability
Software Delivery
Acceptance Testing
Technical Support
Service Levels
Maintenance
User Rights
Usage Restrictions
Audit Rights
Export Control
Source Code
Third Party Rights
Notice
Amendment
Insurance
Compliance with Laws
Anti-Corruption
Data Security
Performance Standards
Training
Documentation
Implementation
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Energy

Transportation

Government

Media and Entertainment

Real Estate

Construction

Biotechnology

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Software Development

Sales

Operations

Information Security

Contract Management

Business Development

Technical Operations

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Procurement Manager

Contract Manager

Software Development Manager

Chief Information Officer

Chief Legal Officer

Compliance Officer

Risk Manager

IT Project Manager

Business Development Manager

Sales Director

Operations Manager

Information Security Officer

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Provides the fundamental framework for contract law, including formation, interpretation, and enforcement of contracts
German Copyright Act (Urheberrechtsgesetz - UrhG): Governs software copyright protection, licensing rights, and usage permissions
German Data Protection Act (Bundesdatenschutzgesetz - BDSG): National implementation of GDPR, relevant for data processing aspects of software
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation governing personal data processing and protection
German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates fair business practices and protects against unfair competition
German Commercial Code (Handelsgesetzbuch - HGB): Relevant for B2B software licensing relationships and commercial transactions
EU Consumer Rights Directive as implemented in German Law: Provides specific requirements for B2C software licensing agreements
Price Indication Regulation (Preisangabenverordnung - PAngV): Regulates how prices must be displayed and communicated to customers
EU Software Directive (2009/24/EC) as implemented in German Copyright Act: Specific provisions for software protection and permitted uses
Telecommunications Act (Telekommunikationsgesetz - TKG): Relevant if the software involves telecommunications or online services
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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