The Product License Agreement serves as the primary legal instrument for granting and governing product usage rights in Austria. This document is essential when a company or individual (licensor) wishes to permit another party (licensee) to use their product while retaining ownership and controlling usage terms. The agreement must align with Austrian legal requirements, including the ABGB (Civil Code) and UGB (Commercial Code), while also considering EU regulations such as GDPR where applicable. It is particularly crucial for software, technology products, and other intellectual property-based offerings. The document typically includes detailed sections on license scope, usage restrictions, fees, maintenance, support, and termination provisions. It's commonly used in both B2B and B2C contexts, though the terms and protections may vary significantly based on the intended use and user type.
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1. Parties: Identification of the licensor and licensee with full legal details as required under Austrian law
2. Background: Context of the agreement and brief description of the product being licensed
3. Definitions: Key terms used throughout the agreement, including 'Product', 'License', 'Intellectual Property Rights', etc.
4. License Grant: Scope and nature of the license, including territory, exclusivity/non-exclusivity, and usage rights
5. License Restrictions: Explicit limitations on use, copying, modification, and distribution of the licensed product
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. Payment Terms: License fees, payment schedule, and related financial obligations
8. Intellectual Property Rights: Ownership declarations and protection of IP rights
9. Warranties and Representations: Product warranties and representations from both parties
10. Limitation of Liability: Limitations on liability and disclaimers in compliance with Austrian law
11. Confidentiality: Protection of confidential information exchanged during the license relationship
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. Data Protection: Required if the product involves processing personal data, ensuring GDPR compliance
2. Support and Maintenance: Include if ongoing technical support or maintenance services are provided
3. Export Controls: Necessary for products subject to export regulations
4. Source Code Escrow: For software licenses where source code escrow arrangements are required
5. Training and Implementation: Include if the license includes training or implementation services
6. Audit Rights: For licenses where usage monitoring and auditing is important
7. Consumer Protection Terms: Required for B2C agreements to comply with Austrian consumer protection laws
8. Sub-licensing Rights: Include if sub-licensing is permitted under specific conditions
1. Product Specification: Detailed technical specifications and functionality of the licensed product
2. License Fees and Payment Schedule: Detailed breakdown of licensing costs, payment terms, and schedules
3. Service Level Agreement: Performance metrics and service levels for product support if applicable
4. Maintenance and Support Terms: Detailed terms for maintenance and support services if provided
5. Authorized Users: Definition and list of authorized users or user categories if applicable
6. Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed product
7. Data Processing Agreement: Required under GDPR if personal data processing is involved
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Telecommunications
Healthcare Technology
Industrial Automation
Consumer Electronics
Professional Services
Media and Entertainment
Educational Technology
Financial Technology
Biotechnology
Gaming Industry
Relevant Teams
Legal
Commercial
Sales
Product Development
Business Development
Compliance
Intellectual Property
Information Technology
Customer Success
Operations
Relevant Roles
Legal Counsel
Licensing Manager
Commercial Director
Product Manager
Business Development Manager
Chief Technology Officer
Intellectual Property Manager
Compliance Officer
Sales Director
Contract Administrator
Chief Legal Officer
Product Development Director
Partnership Manager
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