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Perpetual Software Licence

Perpetual Software Licence Template for Germany

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Key Requirements PROMPT example:

Perpetual Software Licence

"I need a Perpetual Software Licence agreement for enterprise-level accounting software to be deployed across our multinational manufacturing company, with implementation starting January 2025, including provisions for user training and maintenance support for our operations in Germany, France, and Spain."

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Document background
This Perpetual Software Licence agreement is designed for situations where a software provider grants indefinite usage rights to a licensee under German law. It is particularly suitable for enterprise software implementations where the customer requires long-term certainty of software availability. The agreement covers essential aspects including license grant, usage restrictions, maintenance terms, warranties, and liability provisions compliant with German legal requirements. It is typically used for standard software products where the customer pays a one-time license fee, possibly with ongoing maintenance fees. The document incorporates necessary protections for both parties while ensuring compliance with German contract law, copyright law, and data protection regulations.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the software

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the perpetual license, permitted uses, and territory

5. License Restrictions: Specific prohibitions and limitations on use of the software

6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

7. Delivery and Installation: Terms for software delivery, installation, and acceptance

8. License Fees: Payment terms, including one-time fee and any recurring maintenance fees

9. Warranties: Software warranties and performance guarantees as per German law

10. Technical Support and Maintenance: Terms of technical support and software maintenance

11. Liability and Indemnification: Limitation of liability and indemnification provisions under German law

12. Term and Termination: Duration of agreement and termination rights for material breach

13. Data Protection: GDPR compliance and data processing terms

14. Confidentiality: Protection of confidential information and trade secrets

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices

Optional Sections

1. Source Code Escrow: Optional provisions for source code escrow if agreed between parties

2. Third-Party Software: Terms relating to third-party components if the software includes them

3. Training: Training obligations if the licensor provides user training

4. Custom Development: Terms for any custom modifications or developments

5. Export Control: Export control provisions if software is subject to export regulations

6. Service Level Agreement: Detailed service levels if specific performance metrics are guaranteed

7. Disaster Recovery: Disaster recovery and business continuity terms if critical to the licensee

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including version and specifications

2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications

3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule

4. Schedule 4 - Support and Maintenance Services: Detailed description of support and maintenance services

5. Schedule 5 - Service Levels: Technical performance metrics and service levels if applicable

6. Appendix A - Authorized Users: Definition and list of authorized users or user categories

7. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria if applicable

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
Confidential Information
Configuration
Documentation
Effective Date
Error
Fees
Force Majeure
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Material Breach
Operating Environment
Perpetual License
Personal Data
Release
Software
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third-Party Software
Updates
Upgrades
User Manual
Version
Virus
Warranty Period
Work Product
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

Automotive

Insurance

E-commerce

Media and Entertainment

Logistics

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Information Security

Software Development

Technical Operations

Vendor Management

Risk Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software License Manager

Contracts Manager

Chief Information Officer

Chief Legal Officer

IT Project Manager

Compliance Officer

Technical Architect

Software Asset Manager

Enterprise Architect

Vendor Management Officer

Information Security Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Provides the fundamental legal framework for contracts, including formation, interpretation, and enforcement of contractual obligations
German Copyright Act (Urheberrechtsgesetz - UrhG): Governs software copyright protection, licensing rights, and restrictions on software usage and distribution
EU General Data Protection Regulation (GDPR): Regulates data protection and privacy requirements that may be relevant if the software processes personal data
German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates unfair commercial practices and ensures fair competition in licensing terms
German Commercial Code (Handelsgesetzbuch - HGB): Provides additional requirements for commercial transactions between businesses
Price Indication Regulation (Preisangabenverordnung - PAngV): Governs price transparency and disclosure requirements in commercial transactions
EU Software Directive (2009/24/EC): Provides the framework for software protection in the EU, implemented in German copyright law
German Act on General Terms and Conditions (AGB-Recht, part of BGB): Regulates standard form contracts and protects against unfair contract terms
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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