Proprietary Software License Template for Denmark

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Proprietary Software License

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This Proprietary Software License agreement is designed for use when a software provider wishes to grant a customer the right to use their proprietary software while maintaining ownership and control of the intellectual property. The document is specifically structured to comply with Danish law and includes provisions addressing Danish contractual requirements, data protection regulations, and intellectual property protections. It should be used whenever a software provider is licensing their software to Danish entities or when Danish law is the chosen governing law. The agreement includes comprehensive terms covering license scope, usage restrictions, fees, warranties, and support obligations, providing essential protection for the software provider while ensuring clarity for the licensee regarding their rights and obligations.

Suggested Sections

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

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

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

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

5. License Restrictions: Specific prohibitions and limitations on use of the software

6. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance procedures

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

8. Intellectual Property Rights: Ownership of IP rights and protection measures

9. Warranties and Representations: Standard warranties regarding software functionality and IP rights

10. Limitation of Liability: Limitations and caps on liability in compliance with Danish law

11. Confidentiality: Protection of confidential information exchanged between parties

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

13. Effect of Termination: Consequences of termination and survival provisions

14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Maintenance and Support: Terms for ongoing support and maintenance services, if offered

2. Professional Services: Terms for additional services like implementation or training, if provided

3. Service Levels: Performance standards and remedies, if specific service levels are guaranteed

4. Data Processing: GDPR compliance terms if the software processes personal data

5. Hardware Requirements: Specific hardware requirements if the software needs particular equipment

6. Source Code Escrow: Terms for source code escrow if agreed for business continuity

7. Export Control: Export restrictions if the software is subject to export control regulations

8. Audit Rights: Rights to audit licensee's use of software if needed for compliance

9. Insurance: Insurance requirements if specific coverage is required

Suggested Schedules

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

2. Schedule 2 - Technical Specifications: Technical requirements and specifications for the software

3. Schedule 3 - License Fees: Detailed fee structure, payment terms, and pricing models

4. Schedule 4 - Service Level Agreement: Detailed service levels and performance metrics if applicable

5. Schedule 5 - Support Services: Description of support services and response times if included

6. Schedule 6 - Approved Subcontractors: List of approved subcontractors if relevant

7. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the software

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

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