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Non Exclusive Software License Template for Germany

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Key Requirements PROMPT example:

Non Exclusive Software License

"I need a Non-Exclusive Software License Agreement for my AI analytics software that will be licensed to enterprise customers in Germany, with specific provisions for data protection and source code escrow, planned for release in March 2025."

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Document background
This Non-Exclusive Software License Agreement template is designed for use under German law when a software owner (licensor) wishes to grant usage rights to their software while retaining the ability to license it to others. The agreement is particularly relevant in today's digital economy where software licensing is a common business model. It incorporates key requirements of German legislation, including the Civil Code (BGB) and Copyright Act (UrhG), while addressing modern software licensing concerns such as data protection and cyber security. The document can be customized for both B2B and B2C relationships, includes provisions for support and maintenance, and can accommodate various pricing models. It's essential for software companies operating in or targeting the German market, providing a legally compliant framework for software distribution while protecting the licensor's intellectual property rights.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee, including registered addresses and company registration details

2. Background: Context of the agreement and brief description of the software being licensed

3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', and 'License Fee'

4. Grant of License: Scope and nature of the non-exclusive license, including permitted uses and territory

5. License Restrictions: Specific limitations on use, including prohibited activities and restrictions on sublicensing

6. Delivery and Installation: Terms regarding software delivery, installation procedures, and acceptance criteria

7. License Fees: Payment terms, fee structure, and payment schedule

8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

9. Warranties and Representations: Warranties regarding software functionality, compliance with specifications, and legal requirements

10. Support and Maintenance: Basic terms for technical support and software maintenance

11. Term and Termination: Duration of the license and grounds for termination

12. Data Protection: GDPR compliance and data processing terms

13. Confidentiality: Protection of confidential information exchanged during the license period

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Service Level Agreement: Detailed service levels and performance metrics - include for enterprise software or mission-critical applications

2. Source Code Escrow: Terms for source code deposit and release conditions - relevant for business-critical applications

3. Professional Services: Terms for additional implementation or customization services - include if professional services are part of the deal

4. Export Control: Export compliance terms - include if software may be subject to export restrictions

5. Consumer Protection Clauses: Additional protective clauses required by German consumer law - include for B2C licenses

6. Third-Party Software: Terms regarding incorporated third-party software - include if the software contains third-party components

7. Audit Rights: Terms allowing licensor to audit licensee's use - include for enterprise licenses or when usage-based pricing applies

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. Fee Schedule: Detailed breakdown of license fees, payment terms, and any variable pricing elements

3. Technical Requirements: Minimum system requirements and technical specifications for software operation

4. Support Services: Detailed description of support and maintenance services, including SLAs if applicable

5. Acceptable Use Policy: Detailed terms of acceptable use and restrictions

6. Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed

7. Implementation Plan: Timeline and milestones for software implementation, if relevant

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
Relevant legal definitions








































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Relevant Industries

Information Technology

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Financial Services

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Relevant Teams

Legal

Information Technology

Procurement

Sales

Business Development

Software Development

Compliance

Product Management

Operations

Vendor Management

Relevant Roles

Chief Technology Officer

Software Licensing Manager

Legal Counsel

IT Director

Procurement Manager

Business Development Manager

Software Sales Director

Contract Manager

Intellectual Property Lawyer

Technology Consultant

Chief Information Officer

Compliance Officer

Product Manager

Software Development Manager

Industries







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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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