This Perpetual License Agreement template is designed for use in the Netherlands and complies with Dutch law and EU regulations. It is particularly suitable for software companies, technology providers, or any business entity looking to grant permanent, non-revocable software usage rights to their customers. The agreement covers essential aspects such as license scope, intellectual property protection, usage restrictions, support terms, and compliance requirements. It should be used when parties intend to establish a long-term licensing arrangement where the licensee will have ongoing rights to use the software in exchange for a one-time fee, rather than a subscription-based model. The document includes provisions that address Dutch legal requirements for software licensing, data protection under GDPR, and consumer protection laws where applicable.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the perpetual license, including permitted uses and restrictions
5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
6. License Fees: One-time license fee and payment terms
7. Delivery and Installation: Terms for software delivery, installation, and acceptance
8. Warranties and Representations: Warranties regarding software functionality, ownership, and compliance with laws
9. Support and Maintenance: Basic terms regarding support availability (detailed terms in optional schedule)
10. Confidentiality: Protection of confidential information exchanged between parties
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. Term and Termination: Duration of agreement and grounds for termination despite perpetual nature
13. Effects of Termination: Consequences of agreement termination
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required if software processes personal data, ensuring GDPR compliance
2. Source Code Escrow: Include if source code escrow arrangements are required for business continuity
3. Professional Services: Include if implementation or configuration services are provided
4. Export Control: Required if software is subject to export control regulations
5. Third-Party Software: Include if the software incorporates third-party components
6. Service Level Agreement: Include if specific performance levels are guaranteed
7. Audit Rights: Include if licensor requires right to audit licensee's use
8. Business Continuity: Include for business-critical software implementations
1. Schedule 1 - Software Description: Detailed description of licensed software and components
2. Schedule 2 - Technical Requirements: Hardware and software requirements for operation
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule 4 - Support and Maintenance Terms: Detailed support and maintenance provisions if included
5. Schedule 5 - Service Levels: Detailed service levels and metrics if applicable
6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use of the software
7. Appendix B - Security Requirements: Security standards and requirements for software use
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Energy
Media and Entertainment
Logistics and Transportation
Biotechnology
Construction
Relevant Teams
Legal
Information Technology
Procurement
Vendor Management
Software Development
Commercial Operations
Compliance
Risk Management
Finance
Engineering
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Contract Manager
Commercial Director
Chief Information Officer
VP of Engineering
Legal Operations Manager
IT Asset Manager
Software Asset Manager
Chief Legal Officer
Technology Procurement Specialist
Vendor Management Officer
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