Master Software Agreement

Master Software Agreement Template for Denmark

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Document background

The Master Software Agreement serves as the foundational contract governing the relationship between software providers and their customers in Denmark. This document is essential when establishing long-term software licensing and service arrangements, typically used for complex software implementations or ongoing software service relationships. It incorporates Danish legal requirements and EU regulations, particularly regarding data protection and electronic commerce. The agreement covers essential aspects including license grants, service levels, support and maintenance, intellectual property rights, data protection, and liability provisions. It's designed to accommodate various software delivery models, from on-premises installations to cloud-based solutions, while ensuring compliance with Danish contract law principles and EU regulatory requirements.

Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, company registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the contract

3. Definitions: Detailed definitions of technical terms, capitalized terms, and key concepts used throughout the agreement

4. License Grant: Scope of software license, usage rights, restrictions, and territory limitations

5. Intellectual Property Rights: Ownership of IP, protection of rights, and any IP indemnifications

6. Fees and Payment Terms: Pricing structure, payment schedules, late payment consequences, and invoicing requirements

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

8. Service Levels: Performance standards, availability requirements, and service level measurements

9. Support and Maintenance: Scope of support services, maintenance windows, and response time commitments

10. Warranties: Software performance warranties, service delivery warranties, and warranty disclaimers

11. Liability and Indemnification: Limitation of liability, mutual indemnifications, and exclusions

12. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms

13. Data Protection: GDPR compliance, data processing terms, and data security requirements

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Jurisdiction: Danish law application and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate including assignment, severability, entire agreement, and amendments

Optional Sections

1. Professional Services: Include when implementation, configuration, or customization services are required

2. Training: Include when user training services are part of the agreement

3. Disaster Recovery: Include for business-critical software requiring specific recovery procedures

4. Source Code Escrow: Include when source code escrow arrangements are required for risk mitigation

5. Change Control: Include when formal procedures for changes to software or services are needed

6. Audit Rights: Include when either party requires rights to audit compliance or usage

7. Insurance: Include when specific insurance coverage requirements apply

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

9. Anti-Corruption: Include for international agreements or public sector customers

10. Third-Party Software: Include when third-party software components are part of the solution

Suggested Schedules

1. Schedule A - Software Description: Detailed description of licensed software, modules, and functionality

2. Schedule B - Service Level Agreement: Detailed service levels, metrics, and remedies

3. Schedule C - Support Services: Detailed support procedures, escalation paths, and response times

4. Schedule D - Fee Schedule: Detailed pricing, payment terms, and fee calculations

5. Schedule E - Technical Requirements: Software technical specifications and system requirements

6. Schedule F - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Schedule G - Implementation Plan: Project timeline, milestones, and deliverables if applicable

8. Schedule H - Acceptance Testing: Testing procedures, criteria, and acceptance processes

9. Appendix 1 - Authorized Users: List of authorized users or user categories if applicable

10. Appendix 2 - Security Requirements: Detailed security standards and requirements

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