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Lifetime Software License Template for South Africa

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Key Requirements PROMPT example:

Lifetime Software License

"I need a Lifetime Software License agreement for enterprise accounting software that will be deployed across our mining operations in South Africa, with specific provisions for data security, offline functionality, and perpetual use rights for up to 500 users."

What is a Lifetime Software License?

This Lifetime Software License agreement template is designed for use in South Africa when a software provider wishes to grant permanent, perpetual rights to use their software in exchange for a single payment. The document encompasses essential elements required under South African law, including provisions compliant with the Copyright Act, Consumer Protection Act, and Electronic Communications and Transactions Act. It is particularly suitable for business-to-business transactions involving stable, mature software products where the licensor is willing to grant indefinite usage rights. The agreement includes comprehensive terms covering intellectual property protection, usage restrictions, warranties, and liability limitations, while allowing for optional maintenance and support arrangements. The Lifetime Software License structure ensures both parties have clarity on their long-term rights and obligations, with specific attention to South African legal requirements and business practices.

What sections should be included in a Lifetime Software License?

1. Parties: Identifies and provides full details of the Licensor and Licensee, including registration numbers and addresses

2. Background: Explains the context of the agreement, including the nature of the software and the parties' intention to enter into a perpetual license arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', and 'Use'

4. Grant of License: Specifies the nature, scope, and perpetual duration of the license, including permitted uses and restrictions

5. License Fee: Details the one-time payment for the lifetime license and any applicable taxes

6. Intellectual Property Rights: Confirms the Licensor's ownership of the software and related IP, and protects against infringement

7. Licensee Obligations: Sets out the Licensee's responsibilities regarding software use, security, and compliance

8. Warranties and Representations: Details the warranties provided by the Licensor and any warranty disclaimers

9. Limitation of Liability: Defines the extent and limitations of the Licensor's liability

10. Termination: Specifies the limited circumstances under which the perpetual license may be terminated

11. General Provisions: Includes standard clauses such as governing law, jurisdiction, entire agreement, and amendment procedures

What sections are optional to include in a Lifetime Software License?

1. Technical Support and Maintenance: Optional section detailing any ongoing support and maintenance terms, if offered separately

2. Data Protection: Required if the software processes personal information, ensuring POPIA compliance

3. Source Code Escrow: Optional provision for source code protection in case of Licensor bankruptcy or cessation of business

4. Third-Party Software: Required if the software incorporates third-party components or dependencies

5. Export Controls: Required if the software is subject to export control regulations

6. Training and Implementation: Optional section covering any initial or ongoing training and implementation services

7. Software Updates: Optional section detailing terms for receiving software updates or new versions

What schedules should be included in a Lifetime Software License?

1. Schedule A - Software Description: Detailed description of the software, including version number, features, and functionality

2. Schedule B - Technical Requirements: Specifications of minimum system requirements and technical prerequisites

3. Schedule C - License Fee: Detailed breakdown of the license fee and payment terms

4. Schedule D - Service Level Agreement: Optional schedule detailing support levels and response times if maintenance is included

5. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

6. Appendix 2 - Security Requirements: Specific security measures and requirements for software use

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Mining

Energy

Agriculture

Transportation and Logistics

Government and Public Sector

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Risk Management

Information Security

Operations

Software Development

Vendor Management

Business Development

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Contract Manager

Information Security Officer

Chief Financial Officer

Technology Procurement Specialist

Compliance Officer

Risk Manager

Software Asset Manager

IT Operations Manager

Business Development Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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