The Software License Contract serves as a critical legal instrument under Belgian law for organizations seeking to formalize the terms of software usage and distribution. This document is essential when a software owner wishes to grant usage rights while maintaining ownership and control over their intellectual property. It incorporates specific requirements of Belgian civil law and EU regulations, including provisions for data protection (GDPR), consumer protection, and e-commerce regulations. The contract typically covers various deployment models including on-premises installation, cloud-based solutions, and hybrid arrangements. It's particularly important for Belgian companies and international organizations operating in Belgium, as it ensures compliance with local legal requirements while providing clear guidelines for software usage, maintenance, and support.
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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
4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Restrictions: Specific limitations on use, including prohibited activities and restrictions on modification or distribution
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. License Fees: Payment terms, fee structure, and payment schedule
8. Term and Termination: Duration of the license, renewal terms, and conditions for termination
9. Warranties and Disclaimers: Warranties provided for the software and associated disclaimers
10. Support and Maintenance: Basic terms for technical support and software maintenance
11. Confidentiality: Protection of confidential information exchanged between parties
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when the software processes personal data, addressing GDPR compliance
2. Source Code Escrow: Optional provision for source code deposit with an escrow agent
3. Professional Services: Include when additional implementation or training services are provided
4. Service Level Agreement: Required for software provided as a service (SaaS)
5. Third-Party Software: Include when the software incorporates third-party components
6. Export Control: Required when software is subject to export regulations
7. Audit Rights: Optional provision allowing licensor to audit licensee's use of software
8. Disaster Recovery: Include for business-critical software applications
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Support Services: Detailed support and maintenance terms, including service levels
4. Schedule 4 - Technical Requirements: Minimum system requirements and technical specifications
5. Schedule 5 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if applicable
7. Appendix B - Service Level Metrics: Detailed performance metrics and service levels if applicable
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