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Perpetual Software License

Perpetual Software License Template for Hong Kong

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Key Requirements PROMPT example:

Perpetual Software License

"I need a Perpetual Software License agreement for enterprise-level accounting software to be licensed to multiple corporate entities in Hong Kong, including ongoing maintenance support and source code escrow provisions, with the agreement to commence from March 1, 2025."

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Document background
This Perpetual Software License agreement is designed for use when a software provider wishes to grant a permanent, non-revocable license to a customer while retaining ownership of the intellectual property rights. The agreement, governed by Hong Kong law, provides a comprehensive framework for long-term software licensing relationships, covering essential aspects such as license scope, permitted uses, restrictions, warranties, and support arrangements. It's particularly suitable for enterprise software deployments where the licensee requires certainty of continued access to the software. The document incorporates relevant Hong Kong legal requirements, including provisions from the Copyright Ordinance, Electronic Transactions Ordinance, and Personal Data (Privacy) Ordinance where applicable.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

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

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

4. Grant of License: Scope of the perpetual license, permitted uses, and any territorial restrictions

5. License Restrictions: Specific restrictions on use, copying, modification, and distribution of the software

6. License Fees: One-time license fee, payment terms, and any recurring maintenance fees

7. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of improvements or modifications

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Software performance warranties, IP non-infringement warranties, and disclaimer of warranties

10. Limitation of Liability: Caps on liability and exclusions of certain types of damages

11. Indemnification: Mutual indemnification obligations, particularly for IP infringement

12. Termination: Termination rights for breach, effect of termination, and survival provisions

13. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement

Optional Sections

1. Technical Support and Maintenance: Include when ongoing support and maintenance services are part of the agreement

2. Implementation Services: Include when the licensor provides installation or integration services

3. Service Levels: Include when specific performance metrics and remedies are required

4. Data Protection: Include when the software processes personal data or when compliance with privacy laws is required

5. Source Code Escrow: Include for business-critical software requiring source code protection

6. Business Continuity: Include for mission-critical software requiring disaster recovery and continuity provisions

7. Training: Include when user training is provided by the licensor

8. Audit Rights: Include when the licensor requires rights to audit licensee's use of the software

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the software

2. License Fees and Payment Schedule: Detailed breakdown of all fees, payment milestones, and payment terms

3. Technical Requirements: Minimum system requirements and technical specifications for the software

4. Support and Maintenance Services: Detailed description of support levels, response times, and maintenance services

5. Accepted Use Policy: Detailed terms of acceptable use and technical restrictions

6. Data Processing Terms: Detailed data protection and processing requirements if applicable

7. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies

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
Emergency Maintenance
Enhancement
Error
Fees
Force Majeure Event
HKSAR
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Malicious Code
Minor Release
Mobile Application
Modification
Normal Business Hours
Open Source Software
Operating Environment
Permitted Purpose
Personal Data
Programming Error
Scheduled Maintenance
Security Requirements
Service Levels
Software
Software Materials
Source Code
Specification
Support Hours
Support Services
System Requirements
Technical Requirements
Term
Third Party Software
Update
Upgrade
User Documentation
Virus
Working Hours
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Banking

Insurance

E-commerce

Media and Entertainment

Logistics and Supply Chain

Government and Public Sector

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Information Security

Software Development

Vendor Management

Risk Management

Operations

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

Chief Information Officer

Chief Legal Officer

Contract Manager

IT Asset Manager

Software Development Manager

Information Security Officer

Chief Financial Officer

Technology Compliance Manager

Enterprise Architect

Vendor Management Officer

Industries
Hong Kong Contract Law (Cap. 26 Law Amendment and Reform (Consolidation) Ordinance): Governs the formation, validity, and enforcement of contracts, including essential elements like offer, acceptance, consideration, and contractual capacity
Copyright Ordinance (Cap. 528): Protects software as intellectual property and governs software licensing, including rights of reproduction, distribution, and modification
Electronic Transactions Ordinance (Cap. 553): Regulates electronic transactions and provides legal recognition of electronic signatures and records
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data, which may be relevant if the software processes user information
Trade Descriptions Ordinance (Cap. 362): Ensures accurate description of goods and services, including software capabilities and features
Competition Ordinance (Cap. 619): Prevents anti-competitive practices in licensing terms and conditions
Supply of Services (Implied Terms) Ordinance (Cap. 457): Implies certain terms into contracts for the supply of services, including software services
Control of Exemption Clauses Ordinance (Cap. 71): Limits the extent to which civil liability for breach of contract can be excluded in 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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