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Commercial Software License Agreement

Commercial Software License Agreement Template for Denmark

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Commercial Software License Agreement

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Document background
The Commercial Software License Agreement serves as the primary legal framework for businesses seeking to license software solutions in Denmark. This document is essential when a software provider wishes to grant specific usage rights to business customers while protecting their intellectual property rights and establishing clear commercial terms. It incorporates requirements from Danish contract law, EU regulations (including GDPR), and industry standards, making it suitable for both Danish and international businesses operating under Danish jurisdiction. The agreement typically covers comprehensive terms including license scope, fees, maintenance and support obligations, warranties, and liability provisions, while ensuring compliance with local legal requirements and business practices.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms specific to the software

4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses

5. License Restrictions: Specific restrictions on use, modification, and distribution of the software

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

7. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance criteria

8. Maintenance and Support: Terms of technical support, updates, and maintenance services

9. Intellectual Property Rights: Ownership of IP rights, protection measures, and handling of infringement claims

10. Warranties and Representations: Warranties regarding software performance, IP rights, and compliance with laws

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

12. Confidentiality: Protection of confidential information and trade secrets

13. Term and Termination: Duration of agreement, renewal terms, and termination rights

14. Effects of Termination: Consequences of termination, including data return/deletion and surviving provisions

15. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and assignment

16. Data Protection: GDPR compliance requirements and data processing obligations

Optional Sections

1. Third-Party Software: Section detailing third-party components, open-source software, and associated obligations. Include when the software incorporates third-party elements

2. Security Requirements: Specific security standards and requirements. Include for software handling sensitive data or requiring specific security compliance

3. Service Levels: Detailed service level commitments and remedies. Include when specific performance metrics are guaranteed

4. Professional Services: Terms for additional implementation, training, or consulting services. Include when professional services are part of the agreement

5. Disaster Recovery: Disaster recovery and business continuity provisions. Include for business-critical software

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

7. Source Code Escrow: Terms for source code escrow arrangements. Include when source code access might be needed in specific circumstances

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

2. Schedule 2 - License Fees: Detailed fee structure, payment schedules, and pricing terms

3. Schedule 3 - Service Level Agreement: Detailed service levels, support hours, and response times

4. Schedule 4 - Technical Requirements: Hardware, software, and network requirements for proper operation

5. Schedule 5 - Maintenance and Support Services: Detailed description of maintenance and support services

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details

7. Schedule 7 - Security Requirements: Detailed security standards and compliance requirements

8. Appendix A - Authorized Users: Definition and limitations of authorized users and access rights

Authors

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Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Critical Error
Customer Data
Data Protection Laws
Documentation
Effective Date
Error
Fees
Force Majeure Event
GDPR
Implementation Services
Initial Term
Intellectual Property Rights
License
License Key
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Open Source Software
Personal Data
Professional Services
Response Time
Service Credits
Service Levels
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
User Documentation
Virus
Working Hours
Clauses
License Grant
License Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Acceptance Testing
Service Levels
Maintenance and Support
Software Updates
Data Protection
Data Security
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Assignment
Audit Rights
Third-Party Software
Export Control
Source Code Escrow
Dispute Resolution
Governing Law
Insurance
Compliance with Laws
Notice
Entire Agreement
Severability
Amendment
Waiver
Survival
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Essential for establishing the basic contractual framework of the license agreement.
Danish Copyright Act (Ophavsretsloven): Regulates intellectual property rights, including software copyright protection, modification rights, and distribution rights.
EU General Data Protection Regulation (GDPR): Governs the processing of personal data, which is relevant if the software processes user data or if customer data is collected as part of the licensing arrangement.
Danish Marketing Practices Act (Markedsføringsloven): Regulates commercial practices and marketing, including B2B relationships and fair business practices.
Danish Sale of Goods Act (Købeloven): While primarily for goods, it has relevant principles for software licensing regarding warranties and defects.
EU Electronic Commerce Directive (as implemented in Danish law): Relevant for software distributed electronically and online licensing arrangements.
Danish Act on Processing of Personal Data (Databeskyttelsesloven): National implementation of GDPR and additional Danish-specific data protection requirements.
Competition Act (Konkurrenceloven): Ensures the license agreement doesn't contain anti-competitive clauses or abuse of dominant market position.
Danish Liability for Damages Act (Erstatningsansvarsloven): Relevant for liability provisions and limitation of liability clauses in the license agreement.
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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