The Master License Agreement serves as the primary contractual framework for technology licensing arrangements under Austrian law. It is typically used when a company needs to establish a long-term licensing relationship for software, technology platforms, or other intellectual property assets. The agreement comprehensively addresses all aspects of the licensing relationship, including scope of use, territorial restrictions, payment terms, and compliance with Austrian and EU regulations. This document is particularly important for technology vendors and enterprise customers who need a robust legal framework that can accommodate multiple products or services under a single master agreement, with the flexibility to add specific products or services through supplementary schedules or statements of work.
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1. Parties: Identification of the licensor and licensee with full legal entity details
2. Background: Context of the agreement and brief description of the licensed products/technology
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. License Grant: Scope of license, permitted uses, and restrictions
5. Intellectual Property Rights: Ownership and protection of IP rights
6. Fees and Payment Terms: License fees, payment schedule, and related financial terms
7. Term and Termination: Duration of agreement, renewal terms, and termination provisions
8. Confidentiality: Protection and handling of confidential information
9. Warranties and Representations: Warranties regarding the licensed product and mutual representations
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Compliance with Laws: Obligations regarding applicable laws and regulations
12. Data Protection: GDPR and Austrian data protection compliance requirements
13. Dispute Resolution: Governing law, jurisdiction, and dispute resolution procedures
14. General Provisions: Miscellaneous legal provisions including assignment, notices, and entire agreement
1. Service Levels: Include when the license includes specific performance or availability requirements
2. Implementation Services: Add when the licensor provides implementation or integration services
3. Training and Support: Include when ongoing technical support or training is part of the agreement
4. Source Code Escrow: Add for critical software licenses requiring source code protection
5. Audit Rights: Include for agreements requiring usage monitoring or compliance verification
6. Export Control: Add when licensed products are subject to export control regulations
7. Insurance: Include when specific insurance coverage is required
8. Disaster Recovery: Add for business-critical software requiring backup and recovery procedures
1. Licensed Products: Detailed description of licensed software, products, or technology
2. Technical Requirements: Hardware, software, and network requirements for the licensed products
3. Fee Schedule: Detailed breakdown of license fees, payment terms, and pricing models
4. Service Level Agreement: Specific performance metrics, availability requirements, and remedies
5. Support Services: Description of support levels, response times, and escalation procedures
6. Data Processing Agreement: GDPR-compliant data processing terms and requirements
7. Security Requirements: Security standards and protocols for the licensed products
8. Approved Sublicensees: List of approved sublicensees if sublicensing is permitted
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Telecommunications
Financial Services
Healthcare Technology
Manufacturing
Professional Services
Media and Entertainment
Education Technology
Retail Technology
Biotechnology
Industrial Automation
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Procurement
Information Technology
Compliance
Finance
Risk Management
Vendor Management
Commercial Operations
Business Development
Technical Operations
Software Development
Contract Administration
Relevant Roles
Chief Legal Officer
Legal Counsel
Contracts Manager
Procurement Manager
Chief Technology Officer
IT Director
Software Licensing Manager
Compliance Officer
Chief Information Officer
Commercial Director
Business Development Manager
Chief Financial Officer
Risk Manager
Vendor Management Director
Legal Operations Manager
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