This Business Software License agreement template is designed for use in the Netherlands and complies with Dutch civil law and relevant EU regulations. It is specifically crafted for situations where a software provider licenses their proprietary software to business customers for commercial use. The document addresses critical aspects such as usage rights, territorial restrictions, maintenance services, and data protection obligations under GDPR. This template is particularly valuable for software companies operating in or expanding into the Dutch market, as it incorporates local legal requirements while maintaining international business standards. The agreement can be customized based on specific software functionality, business requirements, and the scale of implementation, making it suitable for both small-scale software deployments and enterprise-wide solutions.
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Key Requirements PROMPT example:
Business Software License
"I need a Business Software License agreement for licensing our cloud-based accounting software to Dutch SMEs, with standard maintenance terms and GDPR compliance, planned for release in March 2025."
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 and nature of the license, including usage rights, restrictions, and territory
5. License Fees: Payment terms, pricing, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Delivery and Implementation: Terms for software delivery, installation, and acceptance testing
8. Maintenance and Support: Standard support and maintenance services included in the license
9. Warranties and Representations: Standard warranties regarding software functionality and performance
10. Liability and Indemnification: Limitations of liability and indemnification obligations
11. Term and Termination: Duration of the license and termination conditions
12. Confidentiality: Protection of confidential information shared between parties
13. Data Protection: GDPR compliance and data processing obligations
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third-Party Software: Include when the software incorporates third-party components or dependencies
2. Professional Services: Include when additional implementation or customization services are provided
3. Service Level Agreement: Include when specific performance levels and metrics are guaranteed
4. Escrow Arrangements: Include when source code escrow is required for business continuity
5. Export Control: Include when software is subject to export control regulations
6. Disaster Recovery: Include when business-critical software requires specific recovery procedures
7. Audit Rights: Include when licensor requires rights to audit usage compliance
8. Competition Restrictions: Include when specific non-compete or market restrictions apply
9. Change Control: Include when formal procedures for changes to software are required
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed pricing structure, payment terms, and calculation methods
3. Schedule 3 - Support Services: Detailed description of support levels, response times, and procedures
4. Schedule 4 - Service Levels: Performance metrics, measurement methods, and remedies for non-compliance
5. Schedule 5 - Security Requirements: Specific security standards and protocols to be maintained
6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable
7. Schedule 7 - Implementation Plan: Timeline and milestones for software implementation
8. Appendix A - Authorized Users: List of authorized users or user categories and access levels
9. Appendix B - Technical Requirements: Required technical environment and system requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Energy and Utilities
Education
Transportation and Logistics
Construction
Real Estate
Media and Entertainment
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Finance
Business Development
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Information Security Officer
Chief Information Officer
Contract Manager
Technology Procurement Specialist
Data Protection Officer
Enterprise Architect
Operations Manager
Business Development Manager
Risk Manager
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