This Perpetual Software Licence agreement is designed for situations where software is licensed indefinitely for a one-time fee, rather than on a subscription basis. It is commonly used in enterprise software deployments, legacy system licensing, and scenarios where long-term software utilization is anticipated. The agreement, governed by Canadian law, includes essential provisions for software usage rights, intellectual property protection, technical specifications, and support terms. It addresses both federal and provincial legal requirements, including copyright protection, privacy regulations, and consumer protection measures. This type of agreement is particularly suitable for organizations seeking to secure permanent rights to use specific software versions without ongoing license fees, while establishing clear terms for maintenance, updates, and technical support.
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Key Requirements PROMPT example:
Perpetual Software Licence
"I need a Perpetual Software Licence agreement for licensing our enterprise-level accounting software to large corporations in Ontario, with specific provisions for source code escrow and custom modification rights."
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You keep IP ownership聽of your information
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OR
1. Parties: Identification of 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. Grant of License: Scope and nature of the perpetual license, including permitted uses and users
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Assertion and protection of IP rights, including ownership of derivatives
7. Fees and Payment: License fee structure, payment terms, and any additional costs
8. Delivery and Installation: Terms for software delivery, installation requirements and acceptance criteria
9. Warranties and Representations: Software performance warranties and representations by both parties
10. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Term and Termination: Duration of agreement and circumstances allowing termination despite perpetual nature
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Maintenance and Support: Terms for ongoing technical support and software updates - include if support is part of the agreement
2. Security Requirements: Specific security protocols and requirements - include if dealing with sensitive data or systems
3. Data Protection: Obligations regarding personal data processing - include if personal data is involved
4. Export Controls: Export control compliance - include if software is subject to export regulations
5. Source Code Escrow: Terms for source code escrow arrangement - include if source code access might be needed
6. Training: Terms for user training and documentation - include if training is part of the package
7. Service Levels: Performance standards and metrics - include if specific service levels are guaranteed
8. Audit Rights: Rights to audit licensee's use of software - include for high-value licenses
1. Schedule A - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule B - Technical Requirements: Hardware and software requirements for operating the licensed software
3. Schedule C - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule D - Support Services: Description of support services if included in the agreement
5. Schedule E - Service Level Agreement: Detailed service levels and performance metrics if applicable
6. Appendix 1 - Acceptable Use Policy: Detailed policies regarding acceptable use of the software
7. Appendix 2 - Security Requirements: Detailed security protocols and requirements if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Finance
Information Security
Vendor Management
Software Asset Management
Contract Administration
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Contract Administrator
Chief Information Officer
Information Security Officer
Risk Manager
Compliance Officer
Software Asset Manager
Vendor Management Specialist
Technology Procurement Specialist
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