This Software License Commercial Use agreement is designed for use in the Austrian market when a software provider wishes to license their software products to business users for commercial purposes. The document complies with Austrian civil and commercial law requirements, including the Austrian Civil Code (ABGB) and Commercial Code (UGB), while also incorporating necessary EU regulations such as GDPR. It is particularly suitable for software companies seeking to license their products to Austrian businesses or international companies operating in Austria. The agreement covers comprehensive licensing terms, usage rights, maintenance provisions, data protection requirements, and liability frameworks specific to the Austrian legal context. This document type is essential for protecting the intellectual property rights of software providers while ensuring clear commercial terms for business users.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. Grant of License: Scope of the license, including usage rights, restrictions, and territory
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software
8. Support and Maintenance: Terms for technical support, updates, and maintenance services
9. Warranties and Representations: Standard warranties regarding software functionality and IP rights
10. Limitation of Liability: Limitations and caps on liability in compliance with Austrian law
11. Term and Termination: Duration of the license and termination provisions
12. Data Protection: GDPR compliance and data processing terms
13. Confidentiality: Protection of confidential information exchanged
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed in specific circumstances
2. Third-Party Software: Provisions regarding third-party components, needed when the software incorporates third-party elements
3. Export Control: Export compliance terms, required when software may be subject to export regulations
4. Professional Services: Terms for additional implementation or customization services, if offered
5. Service Level Agreement: Specific performance metrics and remedies, needed for cloud-based or hosted software
6. Disaster Recovery: Business continuity provisions, important for business-critical software
7. Insurance: Insurance requirements, typically included for high-value or high-risk implementations
8. Change Control: Procedures for managing changes to the software or services, useful for long-term agreements
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of pricing, payment structure, and terms
3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance services
4. Schedule 4 - Service Level Agreement: Technical performance metrics, availability requirements, and remedies
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and security measures
6. Schedule 6 - Acceptable Use Policy: Specific rules and restrictions regarding software usage
7. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation
8. Appendix B - Authorized Users: Definition and limitations of authorized users and access rights
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government and Public Sector
Energy and Utilities
Transportation and Logistics
Media and Entertainment
Consulting Services
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Risk Management
Operations
Software Development
Commercial Operations
Vendor Management
Contract Administration
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software Licensing Manager
Compliance Officer
Contract Manager
Chief Information Officer
Commercial Director
Head of Legal
Software Asset Manager
IT Procurement Specialist
Legal Operations Manager
Technology Contracts Manager
Chief Financial Officer
Risk Management Officer
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