The Click Wrap License agreement is essential for businesses offering digital services, software, or online platforms in Germany. It provides a legally enforceable mechanism for obtaining user consent to terms and conditions through a click-based acceptance process. This document must be structured to comply with German contract law, particularly regarding standard terms and conditions (AGB-Recht), e-commerce regulations, and consumer protection requirements. The agreement typically covers license scope, usage rights, data protection (GDPR compliance), liability limitations, and termination provisions. Special attention must be paid to German-specific requirements such as the "Button Solution" law for e-commerce transactions and transparent presentation of terms. This type of agreement is particularly crucial for software deployments, mobile apps, website access, and digital service provisions in the German market.
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1. Parties: Identification of the licensor and specification of eligible licensees/users
2. Background: Brief context of the license agreement and the software/service being licensed
3. Definitions: Clear definitions of key terms used throughout the agreement, including technical terms
4. Acceptance of Terms: Clear mechanism for acceptance, including explicit consent process and prominence of terms as required by German law
5. License Grant: Scope of the license, permitted uses, and restrictions
6. User Obligations: User responsibilities, acceptable use policy, and compliance requirements
7. Intellectual Property Rights: Statement of ownership and IP rights protection
8. Data Protection and Privacy: GDPR-compliant privacy terms and data handling practices
9. Warranty and Liability: Warranty disclaimers and liability limitations (in compliance with German law restrictions on liability exclusions)
10. Term and Termination: Duration of license, termination conditions, and post-termination obligations
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Payment Terms: Required if the license is not free, must include clear price information and payment processes as per German e-commerce law
2. Service Level Agreement: Required for software-as-a-service offerings, defining service availability and support terms
3. Third-Party Components: Required if the software includes third-party elements, detailing additional terms and licenses
4. Export Control: Required if the software is subject to export restrictions
5. Age Restrictions: Required if the service has age limitations or is directed at minors
6. Professional User Provisions: Required for B2B versions of the agreement with modified terms for professional users
1. Privacy Policy: Detailed GDPR-compliant privacy policy, often as a separate but linked document
2. Acceptable Use Policy: Detailed rules and restrictions for use of the software/service
3. Technical Requirements: Specification of technical requirements and compatible systems
4. Fee Schedule: If paid service, detailed breakdown of fees and payment terms
5. Data Processing Agreement: Required under GDPR if personal data processing is involved
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