The Perpetual License Agreement is essential for transactions involving the permanent licensing of software, technology, or intellectual property in Austria. This document is typically used when a licensor wishes to grant indefinite usage rights to a licensee in exchange for a one-time fee, possibly with ongoing maintenance charges. The agreement must comply with Austrian legal requirements, including the ABGB (Civil Code) and UGB (Commercial Code), while addressing intellectual property protection, data privacy under GDPR, and sector-specific regulations. It includes comprehensive terms covering license scope, technical specifications, support arrangements, and liability provisions, making it suitable for both straightforward software licenses and complex technology implementations. The perpetual nature of the license requires careful consideration of long-term implications and appropriate protective measures for both parties.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the licensed material
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Detailed description of the perpetual license grant, scope, and permitted uses
5. License Fees: One-time license fee and any ongoing maintenance fees if applicable
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Licensee Obligations: Responsibilities and restrictions on the licensee's use of the licensed material
8. Technical Support and Maintenance: Terms for ongoing support and maintenance services
9. Warranties and Representations: Warranties regarding ownership, performance, and compliance with laws
10. Limitation of Liability: Limitations on liability and exclusions under Austrian law
11. Confidentiality: Protection of confidential information exchanged between parties
12. Term and Termination: Duration of the agreement and grounds for termination despite perpetual nature
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Source Code Escrow: Terms for source code escrow arrangements if agreed upon
2. Professional Services: Terms for additional implementation or customization services
3. Data Protection: GDPR compliance terms if personal data processing is involved
4. Export Controls: Compliance with export control regulations if applicable
5. Third Party Software: Terms relating to third-party software components if included
6. Service Level Agreement: Specific performance levels and metrics if ongoing services are provided
7. Change Control: Procedures for managing changes to the licensed material
8. Disaster Recovery: Terms for backup and recovery procedures if critical to the license
1. Schedule 1 - Licensed Material: Detailed description of the licensed software, materials, or content
2. Schedule 2 - Technical Specifications: Technical requirements and specifications of the licensed material
3. Schedule 3 - License Fees: Detailed breakdown of all applicable fees and payment terms
4. Schedule 4 - Support and Maintenance Services: Detailed description of support and maintenance services
5. Schedule 5 - Service Levels: Specific service levels and performance metrics if applicable
6. Appendix A - Authorized Users: List of authorized users or user categories if license is restricted
7. Appendix B - Installation Sites: Approved locations for installation and use if geographically restricted
8. Appendix C - Third Party Components: List of third-party components and associated terms if applicable
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