The Lifetime Software License agreement is designed for situations where perpetual use of software is being granted in the Australian market. This document is essential when organizations or individuals are seeking to acquire permanent rights to use software without recurring license fees, while ensuring compliance with Australian legislation including the Competition and Consumer Act 2010, Copyright Act 1968, and Privacy Act 1988. The agreement covers crucial aspects such as perpetual usage rights, technical support terms, warranty provisions, and intellectual property protections. It's particularly relevant for business-critical software implementations where long-term access and usage rights need to be secured and documented. The document includes provisions for both standard implementations and potential customizations, making it adaptable for various business contexts while maintaining legal compliance.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Scope of the perpetual license, including usage rights and any territorial limitations
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Assertion of ownership and protection of IP rights
7. Warranty and Disclaimer: Warranties provided and limitations of liability
8. Support and Maintenance: Terms of technical support and software updates
9. Confidentiality: Protection of confidential information and trade secrets
10. Termination: Circumstances under which the lifetime license may be terminated for cause
11. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Multi-User Provisions: Additional terms for enterprise or multi-user licenses
2. Data Protection: Specific provisions for handling personal data when the software processes user information
3. Third-Party Software: Terms relating to incorporated third-party software components
4. Export Controls: Compliance requirements for international use of the software
5. Source Code Escrow: Terms for source code protection and access in specific circumstances
6. Service Level Agreement: Detailed support and performance standards if premium support is included
7. Customization Rights: Terms governing any permitted customization or modification of the software
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Parameters: Specific details of license scope, including number of users, locations, etc.
3. Schedule C - Support Terms: Detailed support and maintenance terms, including response times and service levels
4. Schedule D - Fees: Any one-time or recurring fees for additional services or support
5. Appendix 1 - Technical Requirements: Minimum system requirements and technical specifications
6. Appendix 2 - Acceptable Use Policy: Detailed terms of acceptable use and prohibited activities
7. Appendix 3 - Data Processing Terms: Detailed data handling and privacy protection procedures if applicable
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