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Click Wrap License Agreement Template for Austria

This document is a Click Wrap License Agreement governed by Austrian law, designed to establish legally binding terms between software providers and end users through digital acceptance mechanisms. It incorporates requirements from Austrian e-commerce legislation, EU GDPR compliance, and Austrian consumer protection laws. The agreement covers essential aspects such as license terms, user rights and obligations, data protection provisions, and liability limitations, all structured to meet the specific requirements of Austrian jurisdiction and EU regulations. It's particularly suited for software applications, digital services, and online platforms requiring user consent before access or installation.

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What is a Click Wrap License Agreement?

A Click Wrap License Agreement is essential for any software or digital service provider operating under Austrian jurisdiction who requires users to accept terms and conditions before accessing their product. This document type has become increasingly important with the growth of digital services and mobile applications, particularly given Austria's strict consumer protection laws and EU data protection requirements. The agreement must comply with the Austrian Civil Code (ABGB), E-Commerce Act (ECG), and EU GDPR, while being presented in a way that ensures valid consent through a clear affirmative action (such as clicking "I Accept"). It typically includes comprehensive terms covering license scope, usage rights, data protection, liability limitations, and termination conditions, all tailored to meet both Austrian and EU legal requirements.

What sections should be included in a Click Wrap License Agreement?

1. Parties: Identification of the licensor (software provider/company) and the user (licensee) who will be bound by the agreement

2. Background: Brief context explaining the software/service being licensed and the purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Software', 'License', 'User', 'Terms of Service', etc.

4. Acceptance of Terms: Clear statement that by clicking 'I Accept' or similar action, the user agrees to be bound by the terms

5. License Grant: Scope and nature of the license being granted, including usage rights and restrictions

6. User Obligations: User's responsibilities and acceptable use policies

7. Intellectual Property Rights: Statement of ownership and IP rights retention by the licensor

8. Privacy and Data Protection: GDPR-compliant provisions regarding collection, processing, and protection of user data

9. Disclaimers and Warranties: Limitations of warranties and disclaimers of liability

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

What sections are optional to include in a Click Wrap License Agreement?

1. Payment Terms: Required for paid software/services, detailing pricing, payment methods, and billing cycles

2. Technical Requirements: Include when specific hardware/software requirements are necessary for proper functioning

3. Service Level Agreement: For software-as-a-service (SaaS) products, defining service availability and support levels

4. Third-Party Services: When the software integrates with or relies on third-party services

5. Export Controls: Required if the software is subject to export restrictions or international trade regulations

6. Age Restrictions: Necessary for services that have age limitations or require parental consent

7. Maintenance and Updates: For software that receives regular updates or requires maintenance services

What schedules should be included in a Click Wrap License Agreement?

1. Privacy Policy: Detailed GDPR-compliant privacy policy outlining data collection and processing practices

2. Acceptable Use Policy: Detailed guidelines for acceptable use of the software/service

3. Technical Specifications: Detailed technical requirements and compatibility information

4. Fee Schedule: Detailed pricing information for paid services, including different tiers if applicable

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

User Agreement

Cost

Free to use

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