This Permanent Software License Agreement template is designed for use in South Africa when granting perpetual rights to use software products. It is particularly relevant for software providers who wish to license their products on a permanent basis rather than through subscription models. The agreement incorporates requirements from key South African legislation, including consumer protection, electronic communications, and data protection laws. It provides comprehensive coverage of essential elements such as license scope, usage rights, warranties, and technical requirements, while ensuring compliance with local legal frameworks. This template is suitable for both business-to-business and business-to-consumer transactions, though certain clauses may need adjustment depending on the specific use case.
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1. Parties: Identification of the licensor and licensee, including registration details and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. License Grant: Scope of the license, including permitted uses, territory, and any restrictions
5. License Fee: Payment terms, amounts, and payment schedule for the permanent license
6. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance testing
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Warranties and Representations: Warranties regarding software functionality, performance, and compliance with laws
9. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
10. Confidentiality: Protection of confidential information exchanged between parties
11. Term and Termination: Duration of the agreement and grounds for termination despite permanent nature of license
12. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Data Protection: Required if the software processes personal information, ensuring POPIA compliance
2. Technical Support: Optional section detailing any technical support services if offered separately
3. Maintenance Services: Optional section covering software updates and maintenance if provided
4. Source Code Escrow: Optional provisions for source code escrow arrangements for business-critical software
5. Training: Optional section detailing any training services provided with the software
6. Service Levels: Optional section specifying performance standards if applicable
7. Export Controls: Required if software is subject to export control regulations
8. Third-Party Software: Required if the software incorporates third-party components
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Acceptance Tests: Criteria and procedures for acceptance testing
5. Appendix A - Support Terms: Detailed terms of technical support if provided
6. Appendix B - Service Level Agreement: Detailed service levels and metrics if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Professional Services
Telecommunications
Mining
Energy
Government
Agriculture
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Commercial
Software Development
Vendor Management
Operations
Risk Management
Finance
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Contract Administrator
Software Asset Manager
Chief Information Officer
Legal Operations Manager
Compliance Officer
Commercial Director
Business Development Manager
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