This Permanent Software License agreement template is designed for use in Canadian jurisdictions where a perpetual, non-revocable software license is required. It is particularly suitable for significant software implementations where the licensee needs guaranteed long-term access to the software. The agreement addresses key aspects of software licensing including usage rights, intellectual property protection, support services, and compliance with Canadian federal and provincial regulations. It should be used when the parties intend to establish a permanent licensing arrangement rather than a subscription or temporary license model. The document includes comprehensive provisions for software delivery, acceptance, warranties, and ongoing obligations while ensuring compliance with Canadian copyright, privacy, and consumer protection laws.
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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: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the permanent license, including territory and usage rights
5. License Restrictions: Specific limitations on use, copying, modification, and distribution of the software
6. Intellectual Property Rights: Assertion and protection of licensor's IP rights in the software
7. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
8. Fees and Payment: One-time license fee, payment terms, and any additional charges
9. Support and Maintenance: Terms regarding any ongoing technical support and maintenance services
10. Warranties and Disclaimers: Software performance warranties and standard warranty disclaimers
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. Confidentiality: Protection of confidential information exchanged between parties
13. Term and Termination: Duration of the agreement and grounds for termination despite permanent license
14. Effects of Termination: Consequences of agreement termination and surviving provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Source Code Escrow: Terms for source code escrow arrangement, used when source code access might be needed
2. Third-Party Software: Provisions regarding third-party components included in the software, used when applicable
3. Export Controls: Compliance with export laws, used for international licensing
4. Data Protection: Specific data protection and privacy provisions, used when software processes personal data
5. Disaster Recovery: Requirements for disaster recovery and business continuity, used for critical software
6. Change Control: Process for managing changes to the software, used for customizable software
7. Training: Terms regarding user training provisions, used when training is part of the deal
8. Audit Rights: Right to audit licensee's use of software, used for complex enterprise licenses
1. Schedule A - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule B - License Fees: Breakdown of license fees and payment schedule
3. Schedule C - Support Services: Detailed description of support and maintenance services if included
4. Schedule D - Service Levels: Performance standards and metrics for software operation
5. Schedule E - Security Requirements: Specific security standards and requirements for software use
6. Appendix 1 - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix 2 - Authorized Users: Definition and limitations of authorized software users
8. Appendix 3 - Documentation: List of user manuals and technical documentation provided
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Government
Telecommunications
Media and Entertainment
Energy and Utilities
Transportation and Logistics
Research and Development
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Software Development
Commercial Operations
Vendor Management
Contract Administration
Information Security
Technical Operations
Software Asset Management
Relevant Roles
Legal Counsel
Contract Manager
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Commercial Director
Compliance Officer
Legal Operations Manager
Software Asset Manager
Business Development Manager
Chief Information Officer
Technology Procurement Specialist
IP Rights Manager
Risk Management Officer
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