The Software License And Maintenance Agreement is essential for organizations deploying software solutions while ensuring ongoing support and maintenance. This document, governed by Austrian law and EU regulations, is used when a software provider licenses their software and commits to providing ongoing maintenance services to a customer. It covers critical aspects including license scope, usage rights, maintenance obligations, service levels, fees, and compliance requirements. The agreement is particularly important in the Austrian business context as it must comply with both local contract law (ABGB) and EU regulations such as GDPR. It's commonly used in both B2B and B2C contexts, though terms may vary significantly between these applications. The document serves as a comprehensive framework for managing the entire software relationship, from initial licensing through ongoing maintenance and support.
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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 and maintenance services
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, restrictions, and territory
5. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance procedures
6. Maintenance Services: Description of maintenance and support services, including updates, upgrades, and bug fixes
7. Service Levels: Performance standards, response times, and service availability commitments
8. Fees and Payment: License fees, maintenance fees, payment terms, and invoicing procedures
9. Intellectual Property Rights: IP ownership, protection measures, and infringement procedures
10. Data Protection: GDPR compliance measures and data processing terms
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Software and service warranties, disclaimers, and representations
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
14. Term and Termination: Contract duration, renewal terms, and termination rights
15. Post-Termination Obligations: Obligations surviving termination and wind-down procedures
16. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed for business continuity
2. Third-Party Software: Provisions regarding third-party software components, needed when the software includes third-party elements
3. Professional Services: Additional terms for implementation or customization services, if offered beyond standard maintenance
4. Disaster Recovery: Specific disaster recovery and business continuity provisions, important for business-critical software
5. Export Control: Export control compliance terms, necessary for software with international distribution
6. Security Requirements: Specific security standards and compliance requirements, important for sensitive applications
7. Training Services: Terms for user training and education services, if offered
8. Hardware Requirements: Specific hardware requirements and compatibility terms, needed for software with specific hardware dependencies
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. Service Level Agreement: Detailed service levels, metrics, and performance standards
3. Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment terms
4. Maintenance and Support Services: Detailed description of maintenance services, support levels, and procedures
5. Technical Requirements: Hardware and software requirements, system specifications
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
7. Accepted Use Policy: Guidelines and restrictions for software usage
8. Change Control Procedure: Process for requesting and implementing changes to the software or services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Energy
Transportation
Media and Entertainment
Insurance
Real Estate
Biotechnology
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Development
Vendor Management
Operations
Risk Management
Finance
Data Protection
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
IT Operations Manager
Compliance Officer
Contract Manager
Information Security Officer
Chief Information Officer
Software Asset Manager
Vendor Relationship Manager
Technology Procurement Specialist
Legal Operations Manager
Data Protection Officer
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