The Technology Partnership Agreement is essential for organizations seeking to establish formal collaborative relationships in technology-related projects under German jurisdiction. This document is particularly relevant when parties aim to combine their technological capabilities, share resources, or jointly develop new solutions. It addresses crucial aspects required under German law, including compliance with the German Civil Code (BGB), data protection regulations (GDPR and BDSG), and technology-specific legislation. The agreement typically covers intellectual property rights, technical contributions, confidentiality, data security, project governance, and risk allocation. It's particularly important for cross-border technology collaborations involving German entities or operations within German territory, ensuring all parties understand their rights, obligations, and the regulatory framework governing their partnership.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the partnership and general objectives
3. Definitions: Defined terms used throughout the agreement
4. Scope of Partnership: Detailed description of the partnership's scope and objectives
5. Technical Contributions: Specific technological contributions of each party
6. Intellectual Property Rights: Ownership, licensing, and usage rights of existing and newly developed IP
7. Confidentiality: Protection of confidential information and trade secrets
8. Data Protection and Security: GDPR compliance and data security measures
9. Project Governance: Management structure, decision-making processes, and reporting requirements
10. Financial Terms: Cost sharing, revenue distribution, and payment terms
11. Term and Termination: Duration, renewal, and termination conditions
12. Liability and Indemnification: Risk allocation and liability limitations
13. Force Majeure: Handling of events beyond parties' control
14. Dispute Resolution: Procedures for resolving disputes
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Marketing and Branding: Rules for joint marketing activities and brand usage
2. Third-Party Integration: Terms for involving third-party technology or services
3. Export Control: Compliance with international technology export regulations
4. Personnel Exchange: Terms for exchanging staff or providing technical support
5. Research and Development: Specific R&D activities and related rights
6. Competition Restrictions: Non-compete and exclusivity provisions
7. Insurance Requirements: Specific insurance coverage requirements
8. Source Code Escrow: Terms for source code protection and access
9. Service Levels: Performance metrics and service level agreements
1. Technical Specifications: Detailed technical requirements and specifications
2. Project Timeline: Milestones, deliverables, and implementation schedule
3. Service Level Agreement: Detailed performance metrics and service levels
4. Security Requirements: Specific security protocols and standards
5. Pricing and Payment Terms: Detailed financial arrangements and calculations
6. Governance Procedures: Detailed procedures for project management and oversight
7. API Documentation: Technical documentation for API integration
8. Data Processing Agreement: GDPR-compliant data processing terms
9. Acceptance Testing Procedures: Procedures for testing and accepting deliverables
10. Contact Details: Key contacts and escalation procedures
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