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Perpetual Software License

Perpetual Software License Template for Australia

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Key Requirements PROMPT example:

Perpetual Software License

"I need a Perpetual Software License agreement for licensing our accounting software to a medium-sized business in Australia, with maintenance and support services included for the first 12 months starting March 2025."

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This Perpetual Software License agreement is designed for use in the Australian market where a software vendor wishes to grant permanent, non-revocable rights to use their software products. The document incorporates requirements under Australian law, including provisions from the Copyright Act 1968 (Cth) and the Competition and Consumer Act 2010 (Cth). It is particularly suitable for enterprise software deployments where the licensee requires long-term certainty about their rights to use the software. The agreement covers essential elements such as license scope, intellectual property rights, maintenance provisions, warranties, and liability limitations, while ensuring compliance with Australian legal requirements and business practices.
Suggested Sections

1. Parties: Identifies and provides details of the licensor and licensee

2. Background: Contextual information about the software and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Grant of License: Specifies the nature and scope of the perpetual license being granted

5. License Fees: Details of the one-time license fee and any ongoing maintenance fees

6. Intellectual Property Rights: Confirms ownership of IP and extent of rights granted

7. Use of Software: Permitted uses, restrictions, and user limitations

8. Maintenance and Support: Terms for ongoing maintenance and technical support

9. Warranties: Software performance warranties and disclaimers

10. Liability and Indemnification: Limitation of liability and indemnification obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination circumstances

13. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Implementation Services: Include when software requires professional installation or integration services

2. Security Requirements: Include when software handles sensitive data or requires specific security protocols

3. Service Levels: Include when specific performance metrics need to be maintained

4. Data Protection: Include when software processes personal data

5. Third-Party Software: Include when solution incorporates third-party components

6. Export Controls: Include when software is subject to export regulations

7. Source Code Escrow: Include when source code escrow arrangements are required

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, including versions and components

2. Schedule 2 - Technical Requirements: Hardware and system requirements for the software

3. Schedule 3 - Support Services: Detailed support and maintenance terms and service levels

4. Schedule 4 - License Fees: Detailed breakdown of all applicable fees and payment terms

5. Schedule 5 - Authorized Users: Definition and limitations of authorized users if applicable

6. Appendix A - Acceptance Testing: Acceptance criteria and testing procedures if applicable

7. Appendix B - Security Standards: Required security standards and compliance requirements

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Maintenance Fee
Material Breach
Normal Business Hours
Permitted Purpose
Personal Information
Related Body Corporate
Software
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
Updates
Upgrades
User Manual
Virus
Warranty Period
Work Product
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Media and Entertainment

Mining and Resources

Construction

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Commercial

Information Security

Vendor Management

Finance

Operations

Relevant Roles

Chief Information Officer

IT Director

Software Procurement Manager

Legal Counsel

Contracts Manager

Chief Technology Officer

Information Security Manager

Commercial Director

Procurement Officer

IT Asset Manager

Software Licensing Specialist

Chief Legal Officer

Technology Risk Manager

Industries
Copyright Act 1968 (Cth): Primary legislation governing intellectual property rights in software, including licensing rights, reproduction, and distribution
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law (ACL) which provides consumer protections and regulates unfair contract terms, particularly important for software licensing agreements
Privacy Act 1988 (Cth): Regulates the handling of personal information, relevant if the software processes user data or requires data collection
Electronic Transactions Act 1999 (Cth): Governs the legal validity of electronic transactions and digital signatures in agreements
Contract Law (Common Law): Common law principles governing contract formation, terms, and enforcement, including principles of offer, acceptance, consideration, and intention to create legal relations
Competition and Consumer Regulations 2010: Provides detailed regulations supporting the Competition and Consumer Act, including specific provisions about warranties and guarantees
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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