This document template serves as a framework for granting permanent software usage rights under Hong Kong law. The Lifetime Software License agreement is designed for situations where parties intend to establish a perpetual licensing arrangement without recurring license fees. It encompasses comprehensive terms for software deployment, usage restrictions, technical specifications, and ongoing support arrangements. The agreement is structured to comply with Hong Kong's legal requirements, including intellectual property protection, data privacy regulations, and contract law principles. It's particularly suitable for enterprise software deployments where long-term stability and clear usage rights are essential, or for software providers transitioning from subscription-based to permanent licensing models.
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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
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of License: Scope of the perpetual license, usage rights, and restrictions
5. Intellectual Property Rights: Confirmation of IP ownership and protection measures
6. License Fee: One-time payment terms and any applicable taxes
7. Technical Requirements: Minimum system requirements and technical specifications
8. Installation and Implementation: Process for software delivery and installation
9. Warranties and Representations: Software performance warranties and IP non-infringement guarantees
10. Support and Maintenance: Terms for ongoing technical support and updates
11. Confidentiality: Protection of confidential information and trade secrets
12. Limitation of Liability: Caps on liability and exclusions
13. Termination: Limited circumstances for termination of perpetual license
14. Governing Law and Jurisdiction: Hong Kong law governance and dispute resolution
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Data Protection: Required if software processes personal data, ensuring PDPO compliance
2. Third Party Software: Include if solution incorporates third-party components
3. Source Code Escrow: Optional protection for licensee through source code escrow arrangement
4. Professional Services: Include if implementation services are part of the agreement
5. Service Levels: Include if specific performance standards are guaranteed
6. Export Control: Required if software is subject to export regulations
7. Disaster Recovery: Include for business-critical software applications
8. Insurance: Include if specific insurance coverage is required
1. Software Description: Detailed description of software, modules, and functionality
2. Technical Specifications: Detailed technical requirements and compatibility specifications
3. License Fee Schedule: Breakdown of one-time license fee and payment terms
4. Support Services: Detailed support levels, response times, and procedures
5. Acceptable Use Policy: Detailed terms of permitted and prohibited uses
6. Security Requirements: Specific security standards and protocols to be followed
7. Implementation Plan: If applicable, timeline and milestones for implementation
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