The Service License Agreement is a crucial legal document used when a service provider wishes to license their service to customers while maintaining ownership and controlling usage rights. This agreement, governed by Dutch law, is particularly important in technology and professional services sectors where services are provided under specific terms and conditions. It combines elements of traditional licensing with service delivery commitments, incorporating requirements from the Dutch Civil Code, EU regulations (including GDPR), and sector-specific legislation. The document is essential for businesses providing software, cloud services, or other technology-based solutions, as it protects intellectual property rights while ensuring clear service delivery standards and compliance with Dutch and EU regulatory requirements.
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1. Parties: Identification and details of the contracting parties (Licensor and Licensee)
2. Background: Context of the agreement and brief description of the service being licensed
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the license being granted
5. Service Description: Detailed description of the licensed service and its functionality
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Fees and Payment: License fees, payment terms, and related financial obligations
8. Service Levels: Performance standards, availability, and quality metrics for the service
9. User Obligations: Licensee's responsibilities and restrictions on service use
10. Intellectual Property Rights: Ownership and protection of IP rights related to the service
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Circumstances excusing performance of obligations
15. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
16. General Provisions: Miscellaneous legal provisions including assignment, notices, and amendments
1. Insurance: Insurance requirements - include when service provision carries significant risks
2. Security Requirements: Specific security measures and standards - include for services handling sensitive data
3. Audit Rights: Rights to audit service usage and compliance - include for complex or high-value licenses
4. Professional Services: Additional implementation or consulting services - include if professional services are part of the arrangement
5. Source Code Escrow: Source code escrow arrangements - include for business-critical software services
6. Training and Support: Training and support provisions - include when significant user training or ongoing support is required
7. Migration Assistance: End of contract transition support - include for complex or business-critical services
8. Disaster Recovery: Disaster recovery and business continuity requirements - include for critical services
1. Service Description Schedule: Detailed technical specifications and functionality of the licensed service
2. Service Level Agreement: Detailed service levels, metrics, and remedies for failure to meet standards
3. Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Data Processing Agreement: GDPR-compliant data processing terms and details
5. Security Requirements: Detailed security protocols and compliance requirements
6. Support Services: Description of support services, response times, and escalation procedures
7. Acceptable Use Policy: Detailed terms governing acceptable use of the service
8. Business Continuity Plan: Disaster recovery and business continuity procedures
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