This Private Software License agreement is essential for organizations seeking to formalize the terms of software usage under Danish jurisdiction. The document is typically used when a software provider (licensor) grants usage rights to a private company or organization (licensee) while retaining ownership of the intellectual property. It addresses key aspects required under Danish law and EU regulations, including license scope, fees, maintenance, support, data protection (GDPR compliance), and liability limitations. This agreement type is particularly important in the Danish market where software licensing must comply with both national and EU requirements, making it distinct from other jurisdictions. The document provides comprehensive protection for both parties while ensuring transparency and legal compliance in software licensing relationships.
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Key Requirements PROMPT example:
Private Software License
I need a Private Software License agreement for licensing our employee management software to a Danish manufacturing company, including GDPR compliance and maintenance terms, with the initial term starting March 1, 2025.
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 its intended use
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license, including territory and usage restrictions
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. Technical Support and Maintenance: Terms for ongoing support and maintenance services
9. Warranties and Representations: Standard warranties regarding software functionality and performance
10. Limitation of Liability: Limitations and exclusions of liability compliant with Danish law
11. Term and Termination: Duration of the license and circumstances for termination
12. Confidentiality: Protection of confidential information exchanged between parties
13. Data Protection: GDPR compliance and data processing obligations
14. Governing Law and Jurisdiction: Confirmation of Danish law governance and dispute resolution procedures
1. Third-Party Software: Include when the licensed software incorporates third-party components
2. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
3. Professional Services: Include when additional implementation or customization services are provided
4. Service Level Agreement: Include for software provided as a service or with specific performance requirements
5. Export Control: Include when software may be subject to export regulations
6. Insurance: Include when specific insurance coverage is required from either party
7. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
8. White Labeling: Include when licensee is permitted to rebrand or redistribute the software
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure and schedules
3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance services
4. Schedule 4 - Service Level Agreement: Performance metrics, availability requirements, and service credits
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and security measures
6. Schedule 6 - Acceptable Use Policy: Guidelines and restrictions for 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
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Energy
Transportation
Media and Entertainment
Real Estate
Construction
Biotechnology
E-commerce
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Software Development
Commercial Operations
Data Protection
Contract Administration
Vendor Management
Relevant Roles
Legal Counsel
IT Director
Chief Technology Officer
Procurement Manager
Software Licensing Manager
Contract Manager
Information Security Officer
Data Protection Officer
Chief Information Officer
Commercial Director
Risk Manager
Compliance Officer
Software Development Manager
IT Operations Manager
Legal Operations Manager
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