This On Premise Software License Agreement is designed for use in South Africa when a software provider wishes to license their software product for installation and use on a customer's local infrastructure. The agreement is structured to comply with South African legal requirements, including data protection laws (POPIA), consumer protection legislation, and electronic communications regulations. It should be used when the software will be installed and operated on the customer's own servers or infrastructure, rather than being provided as a cloud service. The document includes comprehensive terms covering license grants, usage restrictions, intellectual property rights, maintenance and support, warranties, and liability limitations. It's particularly important for businesses operating in South Africa that need to license software while ensuring compliance with local regulations and protecting both parties' interests in the software licensing relationship.
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1. Parties: Identification of the licensor and licensee, including their registered addresses and company details
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to the software
4. Grant of License: Scope of the license, including usage rights, restrictions, and territory limitations
5. License Fees: Payment terms, fee structure, and payment schedules
6. Intellectual Property Rights: Assertion and protection of IP rights, ownership of the software and derivative works
7. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance criteria
8. Use Restrictions: Specific limitations on use, prohibited activities, and user restrictions
9. Warranties and Representations: Standard warranties regarding software performance, IP rights, and compliance with laws
10. Support and Maintenance: Basic support terms and maintenance obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of the agreement, renewal terms, and termination rights
13. Consequences of Termination: Post-termination obligations and rights
14. Liability and Indemnification: Limitation of liability and indemnification obligations
15. Data Protection: POPIA compliance requirements and data processing terms
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Third Party Software: Include when the licensed software incorporates third-party components or dependencies
2. Export Controls: Include for software subject to export control regulations or international trade restrictions
3. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
4. Professional Services: Include when additional implementation or customization services are provided
5. Hardware Requirements: Include when specific hardware configurations are required for software operation
6. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
7. Audit Rights: Include when the licensor requires rights to audit licensee's compliance
8. Competition Law Compliance: Include when the license contains territorial restrictions or exclusive arrangements
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees and Payment Schedule: Detailed breakdown of fees, payment terms, and schedules
3. Technical Requirements: Minimum system requirements and technical specifications
4. Support and Maintenance Services: Detailed service levels, support hours, and maintenance terms
5. Authorized Users: Definition and limitations of authorized users and access rights
6. Implementation Plan: Timeline and milestones for software implementation
7. Security Requirements: Security standards and requirements for software operation
8. Data Processing Terms: Detailed data processing requirements and POPIA compliance measures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Mining
Energy and Utilities
Agriculture
Insurance
Banking
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Finance
Operations
Vendor Management
Infrastructure
Enterprise Architecture
Software Asset Management
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
IT Security Manager
Chief Technology Officer
Contract Manager
Information Security Officer
Chief Legal Officer
IT Infrastructure Manager
Compliance Officer
Enterprise Architect
Chief Financial Officer
IT Operations Manager
Risk Manager
Software Asset Manager
Vendor Management Officer
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