The Perpetual License Agreement is essential for businesses seeking to establish long-term licensing arrangements under Maltese jurisdiction. This document is typically used when a permanent transfer of usage rights is required without transferring ownership of the intellectual property. It addresses key aspects such as one-time license fees, ongoing maintenance costs, usage parameters, and support obligations. The agreement is particularly relevant in Malta's growing technology sector and must comply with both Maltese law and EU regulations, including data protection and consumer protection requirements. It's commonly used for software licensing, technology transfers, and other intellectual property arrangements where the licensee requires guaranteed permanent access to the licensed property while the licensor maintains ownership rights.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed property
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope and nature of the perpetual license, including usage rights and restrictions
5. License Fees: One-time payment terms and any ongoing maintenance fees
6. Intellectual Property Rights: Ownership and protection of IP rights in the licensed property
7. Licensee Obligations: Core responsibilities and restrictions on the licensee's use of the licensed property
8. Licensor Obligations: Core responsibilities of the licensor, including delivery and support
9. Warranties and Representations: Warranties regarding ownership, non-infringement, and performance
10. Limitation of Liability: Limitations on parties' liability and exclusions
11. Indemnification: Mutual or one-way indemnification obligations
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. Termination: Grounds for termination (typically limited to material breach given perpetual nature)
14. Effects of Termination: Consequences and obligations upon termination
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Source Code Escrow: Required if source code is to be held in escrow as security
2. Data Protection: Required if personal data processing is involved in the licensed property
3. Export Control: Required for international licensing of controlled technologies
4. Maintenance and Support: Optional section detailing ongoing support terms if not covered in a separate agreement
5. Training: Required if the licensor will provide training services
6. Performance Requirements: Required if specific performance levels must be maintained
7. Audit Rights: Optional section allowing licensor to audit licensee's use of the licensed property
8. Sublicensing Rights: Required if licensee is permitted to sublicense the property
9. Competition Compliance: Required for licenses that might impact market competition
1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including technical specifications
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum technical requirements for using the licensed property
4. Schedule 4 - Support Services: Detailed description of any support services provided
5. Schedule 5 - Service Levels: Performance metrics and service levels if applicable
6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for using the licensed property
7. Appendix B - Security Requirements: Security standards and requirements to be maintained
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