This Simple Software License agreement is designed for use in South Africa when a software provider wishes to grant usage rights to their software while retaining ownership of the intellectual property. It's particularly suitable for standard software deployments where the provider offers a proprietary software solution to business customers. The document incorporates requirements from South African legislation, including the Copyright Act 98 of 1978, the Electronic Communications and Transactions Act 25 of 2002, and where applicable, the Protection of Personal Information Act 4 of 2013. This agreement type is commonly used for both on-premises software installations and cloud-based software access, providing essential terms for license scope, usage restrictions, fees, and liability limitations while remaining simpler than enterprise-level licensing agreements.
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1. Parties: Identification of the licensor and licensee, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Key terms used throughout the agreement, including 'Software', 'License Fee', 'Intellectual Property Rights', etc.
4. License Grant: Scope of the license, including permitted uses, restrictions, and territory
5. License Fee: Payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Use Restrictions: Specific prohibitions and limitations on software use
8. Term and Termination: Duration of the license and circumstances for termination
9. Warranties and Disclaimers: Standard warranties about software functionality and disclaimers of liability
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Maintenance and Support: Terms for ongoing technical support and software updates - include if maintenance services are offered
2. Data Protection: POPIA compliance provisions - include if the software processes personal information
3. Source Code Escrow: Terms for source code protection - include for business-critical software
4. Third-Party Software: Details of incorporated third-party software - include if the software uses third-party components
5. Export Controls: Export restriction clauses - include if software may be used internationally
6. Service Level Agreement: Performance standards and metrics - include if specific service levels are guaranteed
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
5. Appendix B - Support Terms: Detailed maintenance and support procedures if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Education
Professional Services
Telecommunications
Media and Entertainment
Government and Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Commercial
Information Security
Risk Management
Vendor Management
Finance
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Licensing Manager
Contracts Manager
Information Security Officer
Chief Information Officer
Commercial Director
Software Development Manager
Compliance Officer
Business Development Manager
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