The Simple Software License Agreement is a fundamental legal instrument used to formalize the relationship between software providers and users under Belgian law. This document is essential when a software provider wishes to grant usage rights to their software while retaining ownership and controlling how the software is used. It incorporates requirements from Belgian national law and EU regulations, including the Belgian Copyright Act and EU Software Directive. The agreement is particularly suitable for straightforward software licensing arrangements where the primary focus is on basic usage rights, without complex customization or service components. It includes essential provisions for license scope, intellectual property protection, warranties, and liability limitations, while ensuring compliance with Belgian and EU consumer protection laws where applicable.
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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: Key terms used throughout the agreement including 'Software', 'Documentation', 'Intellectual Property Rights', etc.
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. License Fee: Payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Confidentiality: Protection of confidential information exchanged under the agreement
8. Warranties and Disclaimers: Standard warranties for software functionality and disclaimer of other warranties
9. Limitation of Liability: Limits on liability in compliance with Belgian law
10. Term and Termination: Duration of the license and circumstances for termination
11. Post-Termination Obligations: Actions required upon termination of the agreement
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, etc.
1. Maintenance and Support: Include if maintenance and support services are part of the agreement
2. Data Protection: Include if the software processes personal data, ensuring GDPR compliance
3. Source Code Escrow: Include if source code escrow arrangements are required
4. Export Controls: Include if the software is subject to export control regulations
5. Training: Include if training services are provided as part of the license
6. Audit Rights: Include if licensor requires rights to audit licensee's use of the software
7. Service Levels: Include if specific performance levels are guaranteed
8. Third-Party Software: Include if the software incorporates third-party components
1. Schedule 1 - Software Description: Detailed description of the licensed software and its components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule 4 - Support Services: Details of support services if included
5. Appendix A - Acceptable Use Policy: Specific rules and restrictions for software usage
6. Appendix B - Service Level Agreement: Detailed service levels and metrics if applicable
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