This Permanent Software License agreement is designed for use in the Indian jurisdiction when a software provider (licensor) wishes to grant permanent, non-revocable rights to use their software to a customer (licensee). The agreement is structured to comply with Indian legislation, including the Information Technology Act, 2000, the Copyright Act, 1957, and the Indian Contract Act, 1872. It includes comprehensive provisions covering license scope, usage rights, restrictions, warranties, support terms, and intellectual property protections. This document is particularly suitable for enterprise software deployments where the customer requires perpetual usage rights rather than subscription-based access. The agreement includes specific provisions addressing Indian legal requirements regarding digital contracts, intellectual property protection, and data privacy, making it appropriate for both domestic and international software licensing transactions within the Indian legal framework.
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1. Parties: Identifies and provides details of the licensor and licensee, including registered addresses and company registration numbers
2. Background: Establishes context, confirms licensor's ownership/right to license the software, and outlines the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. License Grant: Specifies the nature, scope, and territory of the license, including whether it's exclusive or non-exclusive
5. License Restrictions: Details prohibited activities such as reverse engineering, sublicensing, or unauthorized modifications
6. Intellectual Property Rights: Confirms ownership of IP rights and protects licensor's intellectual property
7. Payment Terms: Specifies license fees, payment schedule, and any recurring maintenance fees
8. Warranties and Representations: Details software warranties, performance guarantees, and compliance with laws
9. Limitation of Liability: Sets caps on liability and excludes certain types of damages
10. Confidentiality: Protects confidential information exchanged during the relationship
11. Term and Termination: Specifies the duration of the agreement and grounds for termination
12. Post-Termination Obligations: Outlines obligations after agreement ends, including return/destruction of software
13. General Provisions: Includes standard clauses like governing law, jurisdiction, entire agreement, and force majeure
1. Third-Party Components: Required when the software includes third-party components, detailing their terms and conditions
2. Professional Services: Include when implementation, training, or consulting services are part of the deal
3. Service Levels: Needed when specific performance standards or uptime guarantees are required
4. Data Protection: Required when software processes personal data or when compliance with data protection laws is necessary
5. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
6. Export Control: Necessary when software is subject to export control regulations
7. Audit Rights: Include when licensor needs right to audit licensee's use of software
8. Insurance: Required when specific insurance coverage is needed for high-value or high-risk implementations
1. Schedule 1 - Software Description: Detailed description of the software, including versions, modules, and functionality
2. Schedule 2 - Technical Requirements: Hardware and software requirements for running the software
3. Schedule 3 - License Fees: Detailed breakdown of all applicable fees and payment terms
4. Schedule 4 - Support and Maintenance: Details of support services, maintenance terms, and service levels if applicable
5. Schedule 5 - Installation and Acceptance: Installation procedures and acceptance testing criteria
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Permitted Locations: Locations where software may be installed and used
8. Appendix C - Documentation: List of all user manuals and technical documentation provided
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Healthcare
Financial Services
Education
Manufacturing
Retail
Telecommunications
Professional Services
Government
Defense
Transportation
Energy
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Vendor Management
Contract Administration
Information Security
Software Asset Management
Risk Management
Technical Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Compliance Officer
Contract Manager
Chief Information Officer
Chief Legal Officer
IT Procurement Specialist
Software Asset Manager
Legal Operations Manager
Technology Contracts Manager
Information Security Officer
Vendor Management Director
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