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Perpetual Software Licence Template for South Africa

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Key Requirements PROMPT example:

Perpetual Software Licence

"I need a Perpetual Software License Agreement for enterprise-level accounting software, including source code escrow provisions and integration with third-party systems, to be implemented by March 2025 for our mining company operations in South Africa."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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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

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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