The Site Software License agreement is a specialized legal instrument designed for organizations needing to license software for use at specific physical locations or designated sites in South Africa. This document becomes necessary when software providers want to grant limited-scope licenses that restrict usage to particular premises or facilities, rather than offering enterprise-wide or unlimited deployment rights. The agreement incorporates provisions compliant with South African legislation, including the Copyright Act, Electronic Communications and Transactions Act, and POPIA. It typically includes detailed terms about permitted users, site definitions, deployment restrictions, technical support arrangements, and disaster recovery provisions. This type of agreement is particularly relevant for organizations with multiple locations who need to manage software licensing on a site-by-site basis, or for those requiring specific security and access controls for different locations.
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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, brief description of the software, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms
4. Grant of License: Scope and nature of the license, including site limitations and permitted users
5. License Fees and Payment Terms: Details of license fees, payment schedule, and payment methods
6. Term and Termination: Duration of the license, renewal terms, and termination conditions
7. Licensee's Obligations: Responsibilities and restrictions on the licensee's use of the software
8. Intellectual Property Rights: Protection of IP rights and ownership of the software
9. Warranties and Representations: Warranties regarding software functionality and performance
10. Limitation of Liability: Limits on liability and exclusions of certain types of damages
11. Confidentiality: Protection of confidential information exchanged during the license period
12. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Professional Services: Include when implementation, training, or consulting services are part of the agreement
2. Service Level Agreement: Include when specific performance levels and support services are guaranteed
3. Data Protection: Include when the software processes personal information subject to POPIA
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Export Control: Include when the software is subject to export control regulations
6. Third-Party Software: Include when third-party software components are part of the licensed software
7. Disaster Recovery: Include when specific disaster recovery requirements are needed
8. Change Control: Include when formal processes for software modifications are required
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Licensed Site(s): List and details of authorized locations where the software may be used
3. Schedule 3 - License Fees: Detailed breakdown of license fees, payment schedules, and pricing terms
4. Schedule 4 - Technical Requirements: Minimum system requirements and technical specifications
5. Schedule 5 - Support Services: Description of support and maintenance services if included
6. Schedule 6 - Service Levels: Detailed service level commitments and metrics if applicable
7. Appendix A - Acceptable Use Policy: Guidelines and restrictions for software usage
8. Appendix B - Security Requirements: Security standards and requirements for software usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Manufacturing
Healthcare
Retail
Mining
Telecommunications
Education
Government
Professional Services
Insurance
Banking
Energy and Utilities
Construction
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Risk Management
Information Security
Vendor Management
Operations
Infrastructure
Enterprise Architecture
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
IT Security Manager
Compliance Officer
Contract Manager
Chief Technology Officer
Infrastructure Manager
Enterprise Architect
IT Operations Manager
Chief Financial Officer
Risk Manager
Vendor Management Officer
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