Computer Software License Template for Denmark

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Computer Software License

Document background

The Computer Software License Agreement is a critical legal instrument used when a software provider wishes to grant usage rights to their software while retaining ownership of the intellectual property. This document, governed by Danish law, is essential for both business-to-business and business-to-consumer software transactions in Denmark and must comply with both Danish national legislation and applicable EU regulations. It provides comprehensive coverage of license scope, usage rights, restrictions, warranties, and liabilities, while incorporating specific requirements under Danish contract law and the EU's digital regulatory framework. The agreement is particularly important in protecting the licensor's intellectual property rights while providing the licensee with clear terms of use and legal certainty.

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: Definitions of key terms used throughout the agreement

4. License Grant: Scope and nature of the license, including territory and exclusivity

5. License Restrictions: Specific limitations on use, copying, modification, and distribution

6. Intellectual Property Rights: Assertion and protection of IP rights in the software

7. Payment Terms: License fees, payment schedule, and related financial terms

8. Term and Termination: Duration of the license and circumstances for termination

9. Warranties and Disclaimers: Software performance warranties and limitation of warranties

10. Limitation of Liability: Caps on liability and exclusions of certain types of damages

11. Confidentiality: Protection of confidential information exchanged

12. Governing Law and Jurisdiction: Application of Danish law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including assignment, notices, and amendments

Optional Sections

1. Data Processing Terms: Required if the software processes personal data, ensuring GDPR compliance

2. Service Level Agreement: Include for software with specific performance requirements or uptime guarantees

3. Maintenance and Support: Include if ongoing maintenance and support services are provided

4. Source Code Escrow: Add if source code escrow arrangements are required for business continuity

5. Export Control: Include if the software is subject to export control regulations

6. Third-Party Software: Required if the software incorporates third-party components or open-source software

7. Audit Rights: Include for licenses where usage monitoring and verification is important

8. Training and Implementation: Add if the license includes training or implementation services

Suggested Schedules

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

2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure

3. Schedule 3 - Technical Requirements: Hardware and software requirements for operating the licensed software

4. Schedule 4 - Service Levels: Detailed service level metrics and performance standards if applicable

5. Schedule 5 - Support Services: Description of support services, response times, and escalation procedures

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

7. Appendix B - Acceptable Use Policy: Detailed rules for acceptable use of the software

8. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms if applicable

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