The Service License Agreement is essential for businesses operating in Austria that combine software or technology licensing with service delivery. This hybrid agreement type has become increasingly important with the rise of Software-as-a-Service (SaaS) and similar business models. The document addresses both the licensing of intellectual property and the provision of related services, ensuring compliance with Austrian legal requirements including the ABGB, UGB, DSG, and relevant EU regulations such as GDPR. It's particularly crucial for technology providers, software companies, and service providers who need to establish clear terms for both their service delivery and the licensed use of their products. The agreement typically includes detailed provisions on service levels, usage rights, data protection, liability, and dispute resolution, all structured within the Austrian legal framework.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general business purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the license being granted
5. Service Scope: Detailed description of services to be provided
6. Service Levels: Performance standards and metrics for service delivery
7. Fees and Payment: Payment terms, fee structure, and invoicing procedures
8. Intellectual Property Rights: Ownership and rights related to IP, including pre-existing and newly created IP
9. Data Protection: GDPR compliance and data processing terms
10. Confidentiality: Protection and handling of confidential information
11. Term and Termination: Duration, renewal, and termination provisions
12. Warranties and Representations: Guarantees and assertions made by both parties
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Governing Law and Jurisdiction: Austrian law application and jurisdiction details
16. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Change Management: Procedures for managing changes to services or license terms - include when services are likely to evolve
2. Security Requirements: Specific security measures and compliance - include for digital services or sensitive data handling
3. Audit Rights: Rights to audit service delivery and compliance - include for regulated industries or critical services
4. Insurance: Insurance requirements - include for high-risk or high-value services
5. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
6. Sub-licensing Rights: Terms for sub-licensing - include if sub-licensing is permitted
7. Training and Support: Training and support provisions - include for complex technical services
8. Migration Assistance: End of contract transition support - include for complex or critical services
1. Service Description Schedule: Detailed technical and operational description of services
2. Service Level Agreement: Detailed service levels, metrics, and remedies
3. Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Data Processing Agreement: GDPR-compliant data processing terms and details
5. Technical Requirements: Technical specifications and requirements
6. Security Requirements: Detailed security protocols and requirements
7. Acceptable Use Policy: Rules and restrictions for service and license usage
8. Support Services Schedule: Details of support services, response times, and escalation procedures
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