The Perpetual Software License Agreement is used when a software owner wishes to grant permanent usage rights to their software while retaining ownership of the intellectual property. This document is essential in the South African technology sector and is structured to comply with local legislation, including the Copyright Act and POPIA. It is particularly relevant when organizations need ongoing, unlimited-term access to software solutions. The agreement covers critical aspects such as usage rights, technical specifications, support terms, and compliance requirements. Unlike subscription-based licenses, this perpetual license grants indefinite usage rights, typically for a one-time fee, though ongoing maintenance fees may apply. The document serves both technical and commercial purposes, establishing clear parameters for software usage while protecting both parties' interests under South African law.
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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 software
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of License: Scope and nature of the perpetual license, including usage rights and restrictions
5. License Fee: Payment terms, including initial license fee and any ongoing maintenance fees
6. Intellectual Property Rights: Confirmation of ownership and IP rights protection
7. Warranties and Representations: Warranties regarding software functionality, ownership, and non-infringement
8. Support and Maintenance: Terms for ongoing technical support and software updates
9. Confidentiality: Protection of confidential information and trade secrets
10. Limitation of Liability: Limits on liability and exclusions of damages
11. Term and Termination: Duration of perpetual license and grounds for termination
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Data Protection: POPIA compliance requirements - include when personal information is processed
2. Third-Party Software: Terms relating to third-party components - include when third-party software is incorporated
3. Export Controls: Export regulation compliance - include for international licensing
4. Source Code Escrow: Source code deposit and release conditions - include when source code protection is required
5. Professional Services: Terms for implementation services - include when installation/configuration services are provided
6. Service Level Agreement: Performance standards and metrics - include when specific service levels are guaranteed
7. Disaster Recovery: Backup and recovery obligations - include for business-critical software
1. Software Description: Detailed description of licensed software, including version and specifications
2. License Fees: Detailed breakdown of all applicable fees and payment terms
3. Technical Requirements: Minimum system requirements and technical specifications
4. Support Services: Detailed description of support and maintenance services
5. Authorized Users: Definition and limitations of authorized users or sites
6. Implementation Plan: Timeline and milestones for software implementation if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Government
Energy
Mining
Agriculture
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Software Development
Operations
Information Security
Vendor Management
Commercial
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Chief Information Officer
Compliance Officer
Contract Manager
IT Manager
Business Development Manager
Commercial Director
Chief Financial Officer
Systems Administrator
IT Security Manager
Vendor Management Officer
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