This Perpetual Software Licence agreement is designed for situations where a software provider grants indefinite usage rights to a licensee under German law. It is particularly suitable for enterprise software implementations where the customer requires long-term certainty of software availability. The agreement covers essential aspects including license grant, usage restrictions, maintenance terms, warranties, and liability provisions compliant with German legal requirements. It is typically used for standard software products where the customer pays a one-time license fee, possibly with ongoing maintenance fees. The document incorporates necessary protections for both parties while ensuring compliance with German contract law, copyright law, and data protection regulations.
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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: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the perpetual license, permitted uses, and territory
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Delivery and Installation: Terms for software delivery, installation, and acceptance
8. License Fees: Payment terms, including one-time fee and any recurring maintenance fees
9. Warranties: Software warranties and performance guarantees as per German law
10. Technical Support and Maintenance: Terms of technical support and software maintenance
11. Liability and Indemnification: Limitation of liability and indemnification provisions under German law
12. Term and Termination: Duration of agreement and termination rights for material breach
13. Data Protection: GDPR compliance and data processing terms
14. Confidentiality: Protection of confidential information and trade secrets
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices
1. Source Code Escrow: Optional provisions for source code escrow if agreed between parties
2. Third-Party Software: Terms relating to third-party components if the software includes them
3. Training: Training obligations if the licensor provides user training
4. Custom Development: Terms for any custom modifications or developments
5. Export Control: Export control provisions if software is subject to export regulations
6. Service Level Agreement: Detailed service levels if specific performance metrics are guaranteed
7. Disaster Recovery: Disaster recovery and business continuity terms if critical to the licensee
1. Schedule 1 - Software Description: Detailed description of the licensed software, including version and specifications
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule 4 - Support and Maintenance Services: Detailed description of support and maintenance services
5. Schedule 5 - Service Levels: Technical performance metrics and service levels if applicable
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Automotive
Insurance
E-commerce
Media and Entertainment
Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Information Security
Software Development
Technical Operations
Vendor Management
Risk Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Contracts Manager
Chief Information Officer
Chief Legal Officer
IT Project Manager
Compliance Officer
Technical Architect
Software Asset Manager
Enterprise Architect
Vendor Management Officer
Information Security Manager
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