This Copyright Software License Agreement template is designed for use under Austrian jurisdiction when a software owner (licensor) needs to grant usage rights to another party (licensee). The document incorporates essential elements required by Austrian copyright law (Urheberrechtsgesetz) and civil code (ABGB), making it suitable for both business-to-business and business-to-consumer relationships. It covers crucial aspects such as scope of license, usage restrictions, intellectual property protection, warranty terms, and liability limitations. The agreement can be customized for various software distribution models, including on-premises installation, cloud-based services, and hybrid solutions, while ensuring compliance with Austrian legal requirements and EU regulations such as GDPR.
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1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details
2. Background: Context of the agreement, nature of the software, and general purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. Grant of License: Specific rights being granted, type of license (exclusive/non-exclusive), and scope of permitted use
5. License Restrictions: Explicit limitations on use, copying, modification, and distribution of the software
6. Intellectual Property Rights: Assertion of ownership rights and protection of intellectual property
7. Term and Termination: Duration of the license, renewal terms, and conditions for termination
8. Payment Terms: License fees, payment schedule, and related financial terms
9. Warranties and Representations: Standard warranties regarding software ownership and performance, conforming to Austrian law
10. Limitation of Liability: Limitations on liability and disclaimers as permitted under Austrian law
11. Confidentiality: Protection of confidential information and trade secrets
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Maintenance and Support: Terms for technical support and software maintenance, used when ongoing support is offered
2. Data Protection: GDPR compliance and data processing terms, required when software processes personal data
3. Third-Party Software: Terms regarding third-party components and open-source software, needed when software includes third-party elements
4. Service Level Agreement: Performance metrics and service levels, relevant for cloud-based software
5. User Documentation: Terms regarding provision and use of documentation, relevant for complex software systems
6. Export Controls: Export restriction compliance, needed for software with international distribution
7. Installation and Acceptance: Installation procedures and acceptance testing, relevant for enterprise software
8. Training: Terms for user training provisions, relevant for complex enterprise systems
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms, and pricing structure
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support Services: Detailed description of support and maintenance services if provided
5. Schedule 5 - Service Level Agreement: Detailed performance metrics and service levels for cloud-based software
6. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms when applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
E-commerce
Manufacturing
Professional Services
Telecommunications
Education
Gaming and Entertainment
Retail
Consulting Services
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Product Management
Compliance
Risk Management
Business Development
Contract Administration
Intellectual Property
Relevant Roles
Chief Technology Officer
Software Development Manager
Legal Counsel
Intellectual Property Attorney
IT Director
Software Licensing Manager
Procurement Manager
Contract Manager
Chief Information Officer
Software Engineer
Product Manager
Business Development Manager
Compliance Officer
Risk Manager
IT Procurement Specialist
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