The As Is License Agreement is designed for situations where software is provided without warranties or guarantees under Dutch law. This agreement type is particularly useful for software developers, companies, or organizations who wish to license their software while minimizing their liability exposure and making it clear that the software is provided without any warranties. The document includes essential provisions required by Dutch civil law and EU regulations, covering license grants, usage terms, intellectual property rights, and explicit warranty disclaimers. It's commonly used for beta software, open source projects, free software distribution, or situations where the licensor cannot or does not wish to provide warranties about the software's performance or functionality. The agreement ensures compliance with Dutch legal requirements while protecting the licensor's interests through comprehensive liability limitations and disclaimers.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the license being granted, including any restrictions
5. Delivery and Installation: Terms regarding how the software will be delivered and installed
6. License Restrictions: Specific restrictions on use, copying, modification, and distribution
7. Intellectual Property Rights: Confirmation of ownership and intellectual property rights
8. As Is Provision: Clear statement that software is provided 'as is' without warranties
9. Disclaimer of Warranties: Explicit disclaimer of all warranties to the extent permitted by Dutch law
10. Limitation of Liability: Limitations on licensor's liability for damages
11. Term and Termination: Duration of the agreement and conditions for termination
12. Post-Termination Obligations: Actions required upon termination of the agreement
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Fees: Include if the license is not free - terms of payment and fee structure
2. Support Services: Include if any technical support or maintenance is offered (rare in as-is agreements)
3. Third Party Components: Include if the software contains third-party components requiring separate terms
4. Data Protection: Include if the software processes personal data (GDPR compliance)
5. Export Controls: Include if the software is subject to export control regulations
6. Source Code Escrow: Include if source code escrow arrangements are required
7. Audit Rights: Include if licensor requires rights to audit licensee's use
8. Insurance: Include if specific insurance requirements are needed for high-risk applications
1. Schedule 1 - Software Description: Technical specifications and description of the licensed software
2. Schedule 2 - System Requirements: Minimum technical requirements for operating the software
3. Schedule 3 - Permitted Users: If applicable, details of authorized users or usage limitations
4. Appendix A - License Metrics: Specific metrics or measurements for licensed use, if applicable
Is an As Is License Agreement legally binding in the Netherlands?
Yes, an As Is License Agreement is legally binding in the Netherlands when it complies with the Dutch Civil Code (Burgerlijk Wetboek) requirements for contract formation. The agreement must clearly state the licensing terms, liability limitations, and both parties must consent to the terms. Under Books 3 and 6 of the Dutch Civil Code, such agreements are enforceable provided they meet basic contract validity requirements.
Do I need a lawyer to create an As Is License Agreement in Netherlands?
While not legally required, consulting a Dutch lawyer is recommended for complex software licensing arrangements or high-value transactions. A lawyer can ensure compliance with the Dutch Copyright Act (Auteurswet) and EU regulations, and properly structure liability limitations under Dutch law. For standard software licensing with clear terms, many businesses use properly drafted templates that comply with Netherlands legal requirements.
Can I enforce liability limitations in Netherlands As Is License Agreements?
Yes, liability limitations in As Is License Agreements are generally enforceable in the Netherlands under the Dutch Civil Code, but they cannot exclude liability for intentional misconduct or gross negligence. The limitations must be clearly stated and reasonable under Dutch contract law. EU consumer protection regulations may also apply if licensing to consumers, potentially limiting certain liability exclusions.
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