This Perpetual Software License agreement is designed for use in the Pakistani jurisdiction when a permanent, ongoing software license is required between a software provider and a business entity. The document is particularly relevant when organizations need to establish long-term software usage rights without recurring license renewals. It encompasses critical elements such as one-time license fees, ongoing maintenance provisions, technical support arrangements, and intellectual property protections, all structured in compliance with Pakistani electronic transaction laws, copyright ordinances, and contract law. The agreement is especially suitable for business-critical software implementations where the licensee requires assured long-term access to the software solution while the licensor maintains their intellectual property rights.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Specific rights being granted, including scope, territory, and perpetual nature of the license
5. License Restrictions: Clear limitations on use, copying, modification, and distribution of the software
6. Intellectual Property Rights: Assertion of ownership and protection of IP rights in the software
7. Payment Terms: One-time license fee, payment schedule, and any recurring maintenance fees
8. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance criteria
9. Warranties and Representations: Software performance guarantees and compliance with laws
10. Support and Maintenance: Terms for ongoing technical support and software updates
11. Confidentiality: Protection of proprietary information and trade secrets
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Term and Termination: Duration of perpetual license and circumstances for termination
14. Governing Law and Jurisdiction: Application of Pakistani law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Source Code Escrow: Terms for source code escrow arrangement, used when licensee requires access to source code under specific conditions
2. Data Protection and Privacy: Specific provisions for handling personal data, required if software processes personal information
3. Export Control: Compliance with export regulations, needed if software contains restricted technologies
4. Disaster Recovery: Requirements for backup and recovery procedures, important for business-critical applications
5. Service Level Agreement: Detailed performance metrics and response times, needed for mission-critical software
6. Training and Documentation: Terms for user training and maintenance of documentation, important for complex software
7. Third-Party Software: Rights and obligations regarding incorporated third-party components
8. Audit Rights: Terms allowing licensor to verify compliance, important for high-value licenses
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Fees: Breakdown of all applicable fees and payment terms
3. Schedule C - Technical Requirements: Minimum system requirements and compatible platforms
4. Schedule D - Support Services: Detailed description of support and maintenance services
5. Schedule E - Service Levels: Performance metrics and service level commitments
6. Appendix 1 - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix 2 - Security Requirements: Security standards and protocols to be followed
8. Appendix 3 - Implementation Plan: Timeline and milestones for software deployment
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