This Perpetual Software License agreement is designed for use in the Netherlands when a software provider wishes to grant permanent, ongoing rights to use their software to another party. The document is structured to comply with Dutch civil law requirements and relevant EU regulations, including software licensing directives and data protection laws. It provides comprehensive coverage of essential elements such as license scope, usage rights, restrictions, warranties, and liability limitations. This agreement type is particularly suitable when the parties intend to establish a long-term licensing arrangement without recurring license renewals, typically involving a one-time payment for perpetual use rights. The document includes provisions for protecting intellectual property rights while ensuring the licensee has clear guidelines for software utilization.
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Key Requirements PROMPT example:
Perpetual Software License
"I need a Perpetual Software License agreement under Dutch law for licensing our enterprise resource planning software to a manufacturing company, including 24/7 support services and implementation assistance, with the agreement to commence on March 1, 2025."
1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', and 'Use'
4. License Grant: Scope of the perpetual license, including permitted uses, number of users, and deployment restrictions
5. License Restrictions: Specific prohibitions and limitations on the use of the software
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Payment Terms: License fee structure, payment schedule, and any additional costs
8. Warranties and Representations: Warranties regarding software performance, ownership, and non-infringement
9. Limitation of Liability: Limits on liability and exclusions of certain types of damages
10. Confidentiality: Protection of confidential information exchanged between parties
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated despite being perpetual
12. Effects of Termination: Consequences of agreement termination and surviving provisions
13. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments
1. Maintenance and Support: Terms for ongoing maintenance and technical support, if offered separately
2. Data Protection: GDPR compliance provisions, necessary if the software processes personal data
3. Cloud Services: Additional terms for any cloud-based components of the software
4. Professional Services: Terms for implementation, training, or consulting services if provided
5. Source Code Escrow: Provisions for source code escrow arrangements if agreed
6. Export Control: Compliance with export control laws if the software is subject to international distribution
7. Service Level Agreement: Performance standards and metrics if applicable to software operation
8. Audit Rights: Terms allowing licensor to audit licensee's use of the software
1. Schedule 1 - Software Description: Detailed technical specifications and description of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support Services: Detailed description of any support services included with the license
5. Schedule 5 - Service Levels: Detailed service level commitments if applicable
6. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Contract Management
Risk Management
Technology Operations
Commercial Operations
Information Security
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Contract Manager
Chief Information Officer
Software Development Manager
Legal Operations Manager
IT Procurement Specialist
Compliance Officer
Software Asset Manager
Commercial Director
Head of Legal
Technology Acquisition Manager
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