Software Distributor Agreement Template for Denmark

The Software Distributor Agreement is essential for companies looking to expand their software distribution network in Denmark and potentially broader European markets. This document type is specifically designed to comply with Danish legal requirements while establishing a clear framework for software distribution relationships. It's particularly important when a software owner wants to leverage local market expertise and distribution networks without establishing their own local presence. The agreement addresses critical aspects such as distribution rights, territorial restrictions, pricing structures, and compliance with Danish and EU regulations including data protection laws. It's commonly used by both Danish and international software companies seeking to establish distribution channels in Denmark, and includes specific provisions for intellectual property protection, technical support obligations, and marketing requirements under Danish law.

1. Parties: Identification of the software owner/licensor and the distributor, including full legal names and addresses

2. Background: Context of the agreement, brief description of the software and the parties' intention to enter into a distribution arrangement

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

4. Appointment and Territory: Scope of distributor appointment, territory definition, and exclusivity/non-exclusivity provisions

5. Distribution Rights and Limitations: Specific rights granted to distributor and any restrictions on these rights

6. Intellectual Property Rights: Protection of IP rights, permitted use of trademarks, and licensing terms

7. Obligations of the Software Owner: Software delivery, updates, technical support, and training commitments

8. Obligations of the Distributor: Marketing, sales efforts, reporting, and minimum performance requirements

9. Financial Terms: Pricing, payment terms, commissions, and currency specifications

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Warranties and Indemnities: Representations about the software and mutual indemnification provisions

14. Liability and Limitations: Scope of liability and any limitations or caps on damages

15. General Provisions: Standard legal clauses including governing law, dispute resolution, and force majeure