This Permanent Software License agreement template is designed for use under Irish law when granting perpetual rights to use software products. It is suitable for both business-to-business and business-to-consumer transactions, incorporating necessary provisions to comply with Irish commercial law, EU consumer protection regulations, and data protection requirements. The document includes comprehensive sections covering license scope, intellectual property rights, warranties, and liability limitations, while accounting for specific Irish legal requirements and precedents. It's particularly relevant when establishing long-term software licensing relationships and needs to be customized based on the specific software product, intended use, and whether the licensee is a business or consumer entity.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the permanent license, including usage rights and restrictions
5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
6. License Fee: Payment terms and conditions for the permanent license
7. Warranties and Representations: Warranties regarding software functionality, performance, and IP rights
8. Technical Requirements: Minimum system requirements and technical specifications
9. Confidentiality: Protection of confidential information exchanged between parties
10. Limitation of Liability: Limitations on liability and exclusions of damages
11. Term and Termination: Duration of the agreement and circumstances allowing termination despite permanent nature
12. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction for disputes
1. Support and Maintenance: Terms for ongoing support and maintenance if offered separately
2. Data Protection: GDPR compliance terms if the software processes personal data
3. Source Code Escrow: Provisions for source code escrow if agreed for business continuity
4. Training: Terms for user training if included in the license package
5. Audit Rights: Right to audit licensee's use of software if needed for high-value licenses
6. Export Control: Export control provisions if software is subject to international restrictions
7. Insurance: Insurance requirements if relevant for high-risk applications
1. Schedule 1 - Software Description: Detailed description of the licensed software, including version numbers and components
2. Schedule 2 - Technical Specifications: Detailed technical specifications and system requirements
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule 4 - Support Services: Description of any support services included with the license
5. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the software
6. Appendix B - Service Level Agreement: Performance standards and service levels if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Gaming and Entertainment
Government and Public Sector
Transportation and Logistics
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Sales
Business Development
Risk Management
Software Development
Product Management
Operations
Commercial
Relevant Roles
Legal Counsel
Software Licensing Manager
Commercial Director
Chief Technology Officer
IT Director
Procurement Manager
Contract Manager
Compliance Officer
Software Sales Director
Business Development Manager
Chief Information Officer
Legal Operations Manager
Risk Manager
Technology Transactions Lawyer
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