This On Premise Software License Agreement is designed for use in the German market when software vendors want to license their software products for installation and use on customers' own infrastructure. The agreement complies with German legal requirements, including specific provisions for warranty obligations under the German Civil Code (BGB), data protection requirements under GDPR and BDSG, and liability limitations acceptable under German law. It is particularly suitable for enterprise software deployments where the customer needs to maintain control over their IT infrastructure and data. The document includes comprehensive terms for software usage rights, maintenance, support, and technical requirements, while addressing German-specific legal considerations such as standard form contract regulations (AGB-Recht) and strict warranty requirements.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, and License Fees
4. License Grant: Scope of the license, usage rights, and restrictions
5. License Fees and Payment: Payment terms, fee structure, and payment schedules
6. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance procedures
7. Intellectual Property Rights: Ownership of IP rights, protection measures, and infringement procedures
8. Licensee Obligations: User responsibilities, usage restrictions, and compliance requirements
9. Support and Maintenance: Basic support terms and maintenance provisions
10. Warranties: Software warranties compliant with German law requirements
11. Liability and Limitations: Liability provisions within German legal constraints
12. Term and Termination: Duration, renewal terms, and termination rights
13. Data Protection: GDPR and BDSG compliance requirements
14. Confidentiality: Protection of confidential information
15. Final Provisions: Governing law, jurisdiction, and standard boilerplate provisions
1. Third-Party Software: Include when the software contains third-party components requiring separate terms
2. Hardware Requirements: Include when specific hardware configurations are required
3. Service Levels: Include when specific performance metrics are guaranteed
4. Escrow Provisions: Include when source code escrow is required
5. Export Control: Include when software is subject to export restrictions
6. Professional Services: Include when additional implementation services are provided
7. Training: Include when training services are part of the agreement
8. Audit Rights: Include for enterprise licenses requiring usage monitoring
1. Schedule 1 - Software Description: Detailed description of the licensed software and components
2. Schedule 2 - Technical Requirements: System requirements and technical specifications
3. Schedule 3 - License Fees: Detailed fee structure and payment terms
4. Schedule 4 - Support Services: Detailed support and maintenance terms
5. Schedule 5 - Service Levels: Performance metrics and service level commitments
6. Appendix A - Acceptable Use Policy: Detailed usage guidelines and restrictions
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
8. Appendix C - Technical Documentation: User manuals and technical documentation
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