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Dual Software License

Dual Software License Template for Germany

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Key Requirements PROMPT example:

Dual Software License

"I need a Dual Software License agreement under German law for my AI analytics software, with a commercial license for enterprise customers and a free license for academic research, to be implemented by March 2025."

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Document background
This Dual Software License agreement is designed for software developers or companies who wish to implement a flexible licensing strategy under German law, offering different terms for commercial and non-commercial use of their software. The document is particularly useful when a software provider wants to maintain control over commercial exploitation while allowing free use for specific purposes (such as academic, personal, or open-source applications). It includes comprehensive provisions compliant with German legal requirements, including detailed sections on warranty limitations (as per BGB), data protection (GDPR compliance), and intellectual property rights (under German Copyright Act - UrhG). The agreement is structured to protect the licensor's interests while providing clear terms for different categories of users, incorporating specific German legal requirements for both B2B and B2C relationships.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, description of the software, and purpose of the dual licensing structure

3. Definitions: Detailed definitions of key terms including Software, Documentation, Intellectual Property Rights, Commercial Use, Non-Commercial Use, etc.

4. Grant of License: Separate sections detailing the two different license grants, their scope, and conditions

5. License Fees and Payment Terms: Financial terms for the commercial license, payment schedule, and currency

6. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of modifications

7. Obligations of the Licensee: User responsibilities, usage restrictions, and compliance requirements

8. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

9. Warranties and Liability: Warranty terms, limitation of liability, and indemnification provisions compliant with German law

10. Data Protection: GDPR compliance requirements and data handling obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability

Optional Sections

1. Third-Party Software: Include when the software contains third-party components, detailing their licenses and obligations

2. Support and Maintenance: Include when offering technical support and maintenance services with the commercial license

3. Professional Services: Include when offering implementation, training, or consulting services

4. Export Control: Include when the software is subject to export control regulations

5. Source Code Escrow: Include when providing source code escrow arrangements for the commercial license

6. Audit Rights: Include for commercial licenses where usage monitoring is important

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical description of the software, its components, and functionality

2. Schedule 2 - Commercial License Terms: Specific terms, conditions, and restrictions for the commercial license

3. Schedule 3 - Non-Commercial License Terms: Specific terms, conditions, and restrictions for the non-commercial license

4. Schedule 4 - Fee Schedule: Detailed pricing structure for the commercial license

5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for support and maintenance

6. Appendix A - Acceptable Use Policy: Guidelines and restrictions for software usage

7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Software & Technology

Information Technology

Education

Research & Development

Healthcare

Financial Services

Manufacturing

E-commerce

Telecommunications

Professional Services

Relevant Teams

Legal

Software Development

Product Management

Business Development

Compliance

Intellectual Property

Commercial Operations

Executive Leadership

Technical Architecture

Customer Success

Relevant Roles

Legal Counsel

Software Development Manager

Chief Technology Officer

Licensing Manager

Contract Administrator

Intellectual Property Manager

Business Development Director

Product Manager

Commercial Director

Chief Executive Officer

Chief Legal Officer

Software Architect

Open Source Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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