This Software License Subscription agreement template is designed for use in the South African market, where software-as-a-service arrangements are increasingly common across various business sectors. The document serves as a comprehensive framework for establishing subscription-based software licensing relationships, incorporating requirements from South African legislation including POPIA, the Consumer Protection Act, and the Electronic Communications and Transactions Act. It is particularly suited for situations where software is provided on a recurring subscription basis rather than through perpetual licensing, and includes provisions for service levels, data protection, and regular updates. The agreement reflects modern business practices while ensuring compliance with South African legal requirements and business norms.
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1. Parties: Identification of the licensor and licensee, including registration details and addresses
2. Background: Context of the agreement and brief description of the software solution being licensed
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license being granted
5. Subscription Terms: Duration, renewal, and termination conditions of the subscription
6. Fees and Payment: Pricing, payment terms, billing cycles, and related financial obligations
7. Service Levels: Performance standards, availability commitments, and support services
8. User Obligations: Licensee's responsibilities, acceptable use policies, and restrictions
9. Data Protection: POPIA compliance measures, data handling, and privacy protection commitments
10. Intellectual Property: IP ownership, rights protection, and infringement procedures
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Software performance warranties and limitation of warranties
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Termination: Grounds for termination, termination procedures, and post-termination obligations
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Third-Party Integrations: Terms governing integration with third-party software or services, used when the software interfaces with other platforms
2. Professional Services: Terms for additional implementation, training, or consulting services, included when professional services are part of the offering
3. Disaster Recovery: Detailed disaster recovery and business continuity provisions, required for critical enterprise applications
4. Export Control: Compliance with export control regulations, needed when software may be accessed across international borders
5. Source Code Escrow: Terms for source code escrow arrangements, included for enterprise clients requiring business continuity assurance
6. Multi-tenant Services: Specific provisions for multi-tenant environments, needed when software is provided in a shared infrastructure
7. Audit Rights: Terms allowing for usage audits and compliance verification, included for licenses with usage-based pricing
1. Schedule A - Software Description: Detailed description of the licensed software, including modules and features
2. Schedule B - Service Level Agreement: Detailed service levels, support terms, and performance metrics
3. Schedule C - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing tiers
4. Schedule D - Technical Requirements: Minimum system requirements and technical specifications
5. Schedule E - Support and Maintenance: Detailed support services, maintenance windows, and escalation procedures
6. Schedule F - Data Processing Agreement: Detailed terms for POPIA compliance and data processing obligations
7. Appendix 1 - Authorized Users: Definition and limitations of authorized users and access rights
8. Appendix 2 - Security Requirements: Security standards, protocols, and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
Government and Public Sector
Mining and Resources
Insurance
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Risk Management
Information Security
Vendor Management
Commercial Operations
Data Protection
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Compliance Officer
Software License Manager
Contract Administrator
Information Security Officer
Risk Manager
Commercial Director
Chief Information Officer
Chief Financial Officer
Technology Procurement Specialist
Vendor Management Officer
Data Protection Officer
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