The Software License and Support Agreement is essential for organizations deploying software solutions in South Africa, whether as a provider or customer. This agreement is specifically designed to comply with South African legal requirements, including the Electronic Communications and Transactions Act, POPIA, and Consumer Protection Act. It serves as a comprehensive framework for software licensing arrangements, detailing not only the terms of software usage but also the ongoing support and maintenance services. The document is particularly relevant when establishing long-term software relationships that require clear definition of service levels, data protection measures, and technical support obligations. It includes provisions for intellectual property protection, confidentiality, liability limitations, and dispute resolution mechanisms specific to the South African legal context.
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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 licensing arrangement
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, usage rights, restrictions, and terms of use for the software
5. License Fees and Payment Terms: Pricing structure, payment schedules, and related financial terms
6. Support Services: Description of support and maintenance services, service levels, and response times
7. Intellectual Property Rights: Protection of IP rights, ownership of software and modifications
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection and Privacy: POPIA compliance requirements and data handling obligations
10. Warranties and Disclaimers: Software performance warranties and limitations
11. Limitation of Liability: Liability caps and exclusions as permitted under South African law
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Third-Party Software: Include when the software incorporates third-party components or dependencies
2. Professional Services: Include when additional implementation or consulting services are provided
3. Service Level Agreement: Include when specific performance metrics and remedies need to be defined
4. Disaster Recovery: Include when the software is business-critical and requires specific recovery procedures
5. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
6. Export Control: Include when the software may be subject to international trade restrictions
7. Insurance Requirements: Include when specific insurance coverage is required from either party
8. Change Control: Include when formal procedures for software modifications are needed
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of licensing costs and payment structure
3. Schedule 3 - Support Services Description: Detailed description of support services, including SLAs and procedures
4. Schedule 4 - Service Level Agreement: Technical performance metrics, reporting, and remedy calculations
5. Schedule 5 - Acceptable Use Policy: Rules and restrictions for software usage
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix B - Support Contact Details: Contact information and escalation procedures for support services
8. Appendix C - Data Processing Agreement: POPIA-compliant data processing terms and procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Insurance
Mining
Energy
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Software Development
Technical Support
Information Security
Operations
Finance
Project Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Information Security Officer
Chief Information Officer
Contract Manager
Compliance Officer
Risk Manager
Technical Support Manager
Software License Administrator
IT Operations Manager
Data Protection Officer
Project Manager
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