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Permanent Software License Template for South Africa

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Key Requirements PROMPT example:

Permanent Software License

"I need a Permanent Software License agreement for enterprise accounting software to be licensed to corporate clients in South Africa, with specific provisions for source code escrow and implementation support starting March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































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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

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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