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The Software Maintenance Agreement is essential for businesses operating in Denmark that rely on software systems requiring ongoing maintenance and support. This document is typically used when a company needs to establish a formal relationship with a service provider for the continuous maintenance of their software systems. It addresses key aspects such as service levels, response times, update procedures, and bug fixes, all within the framework of Danish law and EU regulations. The agreement becomes particularly important when the software is critical to business operations and requires regular updates, security patches, or technical support. The document ensures compliance with Danish contract law, EU data protection requirements, and industry standards while providing clear guidelines for both parties regarding their rights and obligations in the maintenance relationship.

1. Parties: Identification of the service provider and the customer, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including reference to the original software license or purchase

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including preventive maintenance, updates, and bug fixes

5. Service Provider Obligations: Core responsibilities of the service provider, including response times and quality standards

6. Customer Obligations: Customer's responsibilities, including providing access, information, and maintaining proper IT environment

7. Service Levels: Specific performance metrics, response times, and service availability commitments

8. Fees and Payment Terms: Maintenance fees, payment schedule, and price adjustment mechanisms

9. Intellectual Property Rights: Ownership and usage rights for any modifications or improvements made during maintenance

10. Data Protection and Security: GDPR compliance measures and security requirements for handling customer data

11. Confidentiality: Protection of confidential information exchanged during service provision

12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations

13. Term and Termination: Duration of agreement, renewal terms, and termination rights

14. Force Majeure: Circumstances excusing performance and related procedures

15. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement