This document template is designed for software licensing transactions under New Zealand law where a permanent grant of software usage rights is intended. The Perpetual Software License Agreement is particularly suitable when the licensor wishes to grant indefinite usage rights in exchange for a one-time fee, while maintaining ownership of the intellectual property. It includes comprehensive provisions for software usage, maintenance, support, warranties, and liability limitations, ensuring compliance with New Zealand's technology and contract law framework. This agreement type is commonly used for on-premises software deployments where the licensee requires long-term certainty of software availability and usage rights, as opposed to subscription-based or term-limited licenses.
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Key Requirements PROMPT example:
Perpetual Software License
"I need a Perpetual Software License Agreement under New Zealand law for enterprise accounting software being licensed to a national retail chain, with specific provisions for multi-site deployment and integration with existing systems, planned for implementation in March 2025."
1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, description of the software, and purpose of the license
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms
4. Grant of License: Scope and nature of the perpetual license, including usage rights and restrictions
5. License Fees: One-time license fee details, payment terms, and any ongoing maintenance fees
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Warranties and Representations: Warranties regarding software functionality, performance, and compliance with laws
8. Support and Maintenance: Terms for ongoing technical support and software maintenance
9. Confidentiality: Protection of confidential information and trade secrets
10. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
11. Term and Termination: Duration of the agreement and circumstances for termination despite perpetual nature
12. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Source Code Escrow: Terms for source code protection and release conditions, used when source code access might be required
2. Data Protection: Specific provisions for handling personal data, required if software processes personal information
3. Third-Party Software: Terms relating to incorporated third-party software, needed if third-party components are included
4. Export Controls: Compliance with export regulations, necessary for international use
5. Professional Services: Terms for additional implementation or customization services, if required
6. Service Level Agreement: Performance standards and metrics, needed for business-critical software
7. Disaster Recovery: Procedures for data backup and recovery, important for critical business applications
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Support and Maintenance Services: Specific support levels, response times, and maintenance procedures
4. Schedule 4 - Technical Requirements: Hardware and software requirements for operating the licensed software
5. Schedule 5 - Authorized Users: Definition and limitations of authorized users and usage parameters
6. Appendix A - Acceptance Testing: Acceptance criteria and testing procedures for software validation
7. Appendix B - Security Requirements: Security standards and protocols to be maintained
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Media and Entertainment
Insurance
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Finance
Operations
Software Development
Commercial
Information Security
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Procurement Manager
Contract Manager
Chief Information Officer
Software Asset Manager
Technology Procurement Specialist
Compliance Officer
Risk Manager
IT Operations Manager
Chief Financial Officer
Commercial Director
Head of Legal
Digital Transformation Manager
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