This Copyright Software License agreement template is designed for use under Belgian law when granting rights to use proprietary software. It incorporates essential elements required by Belgian copyright law and relevant EU directives, particularly the Software Directive (2009/24/EC) as implemented in Belgian legislation. The document is suitable for various licensing scenarios, from simple single-user licenses to complex enterprise-wide deployments. It includes comprehensive provisions for protecting intellectual property rights, defining usage terms, establishing liability limitations, and ensuring compliance with Belgian consumer protection laws where applicable. The agreement is structured to accommodate both perpetual and subscription-based licensing models, with optional provisions for maintenance, support, and data protection compliance under GDPR.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
6. License Fees: Payment terms, fee structure, and payment schedule
7. Licensee Obligations: Requirements and restrictions on licensee's use of the software
8. Warranties and Representations: Warranties provided by licensor regarding the software
9. Liability and Indemnification: Limitation of liability and indemnification provisions
10. Confidentiality: Protection of confidential information exchanged
11. Term and Termination: Duration of agreement and termination circumstances
12. Post-Termination: Obligations and rights after agreement termination
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Data Protection: Required if software processes personal data, ensuring GDPR compliance
2. Maintenance and Support: Include if maintenance and support services are part of the agreement
3. Third-Party Components: Required if software includes third-party libraries or components
4. Export Control: Include if software is subject to export control regulations
5. Source Code Escrow: Optional provision for source code protection via escrow arrangement
6. Service Level Agreement: Include if specific performance levels are guaranteed
7. Training and Implementation: Required if training or implementation services are included
8. Audit Rights: Include for licenses where usage monitoring is important
1. Schedule 1 - Software Description: Detailed technical specification of the licensed software
2. Schedule 2 - License Fees: Detailed pricing structure and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support Services: Details of support and maintenance services if provided
5. Schedule 5 - Service Levels: Performance metrics and service level commitments if applicable
6. Appendix A - Acceptable Use Policy: Detailed rules for acceptable use of the software
7. Appendix B - Third-Party Licenses: List and terms of third-party components if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Education
Government
Telecommunications
Professional Services
E-commerce
Media and Entertainment
Automotive
Energy and Utilities
Research and Development
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Sales
Compliance
Risk Management
Business Development
Vendor Management
Contract Administration
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Contract Administrator
Intellectual Property Lawyer
Software Development Manager
Commercial Director
Risk Manager
Compliance Officer
Business Development Manager
Sales Director
Chief Information Officer
General Counsel
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