This Unlimited Software License agreement is designed for use in South Africa when a perpetual, comprehensive software license is required. It provides a robust framework for granting unrestricted use of software products while protecting the intellectual property rights of the licensor and ensuring compliance with South African legislation. The agreement is particularly suitable for enterprise-level software deployments where the licensee requires long-term, unlimited usage rights. It incorporates essential elements required by South African law, including provisions from the Electronic Communications and Transactions Act, Copyright Act, and POPIA. The document addresses key aspects such as license scope, implementation, support services, warranties, and liability limitations, making it suitable for both standard software deployments and complex enterprise implementations.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the software
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope and nature of the unlimited license, including permitted uses and territory
5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
6. License Fee: Payment terms and conditions for the license
7. Delivery and Implementation: Terms regarding software delivery, installation, and implementation
8. Warranties and Representations: Warranties regarding software functionality, ownership, and non-infringement
9. Support and Maintenance: Terms for ongoing technical support and software maintenance
10. Confidentiality: Protection of confidential information exchanged between parties
11. Limitation of Liability: Limits on liability and exclusions of damages
12. Term and Termination: Duration of agreement and termination circumstances
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access might be needed
2. Data Protection: POPIA compliance terms, required if personal data is processed
3. Third-Party Software: Terms regarding third-party components, if applicable
4. Export Controls: Compliance with export regulations, if software may be used internationally
5. Professional Services: Terms for additional services like customization or training
6. Service Level Agreement: Specific performance standards and metrics, if required
7. Disaster Recovery: Business continuity provisions, important for critical software
1. Schedule A - Software Description: Detailed description of the licensed software and its components
2. Schedule B - Technical Requirements: Hardware and software requirements for operating the software
3. Schedule C - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule D - Support Services: Description of support and maintenance services
5. Schedule E - Service Levels: Detailed service level metrics and requirements
6. Appendix 1 - Authorized Users: List of authorized users or user categories
7. Appendix 2 - Documentation: List of user manuals and technical documentation provided
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
Mining
Energy
Agriculture
Transportation
Construction
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Risk Management
Operations
Information Security
Software Development
Project Management
Enterprise Architecture
Vendor Management
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Chief Technology Officer
Contract Manager
Chief Financial Officer
IT Security Manager
Compliance Officer
Enterprise Architect
Solutions Architect
Operations Manager
Project Manager
Risk Manager
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