The White Label Software License Agreement is essential for businesses in the Netherlands seeking to license software products for rebranding and distribution under their own brand name. This document is typically used when a software provider wants to allow another company to market and distribute their software solution as if it were their own product. The agreement must comply with Dutch law and EU regulations, particularly regarding intellectual property rights, data protection (GDPR), and competition law. It includes comprehensive provisions covering licensing terms, technical requirements, service levels, support obligations, and commercial arrangements. The document is crucial for establishing clear rights and responsibilities in white label arrangements, protecting both the original software provider's interests and ensuring the licensee has necessary rights for effective market distribution.
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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 and white labeling arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of software license and white labeling rights, including territory and exclusivity provisions
5. White Label Rights and Obligations: Specific rights and restrictions regarding rebranding and redistribution
6. Intellectual Property Rights: Ownership and protection of IP rights in the software and branding
7. Payment Terms: License fees, payment schedule, and related financial terms
8. Support and Maintenance: Technical support obligations and maintenance services
9. Service Levels: Performance standards and metrics for software availability and support
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Term and Termination: Duration of agreement and termination rights
13. Warranties and Indemnities: Standard warranties and indemnification provisions
14. Limitation of Liability: Caps on liability and exclusions
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices
1. Source Code Escrow: Provisions for source code escrow arrangements, used when licensee requires additional security
2. Professional Services: Terms for additional implementation or customization services, if required
3. Reseller Rights: Additional provisions for resale rights if the licensee will act as a reseller
4. End User Terms: Mandatory terms for end user agreements if software will be distributed to end users
5. Marketing and Promotion: Specific terms regarding marketing obligations and restrictions
6. Audit Rights: Rights to audit licensee's use and distribution of the software, typically for volume-based licensing
7. Change Control: Procedures for managing changes to the software or services
8. Insurance Requirements: Specific insurance obligations for higher-risk implementations
1. Software Description: Detailed technical specifications of the licensed software
2. Service Level Agreement: Detailed performance metrics, response times, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Support Services: Detailed description of support and maintenance services
5. Security Requirements: Technical and organizational security measures
6. Approved Branding Guidelines: Specifications for white labeling and rebranding requirements
7. Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Integration Requirements: Technical requirements for integration with licensee's systems
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