This Perpetual Use License template is designed for use in the Australian jurisdiction when parties need to establish a permanent licensing arrangement for software, technology, or intellectual property. It is particularly suitable for situations where the licensee requires guaranteed long-term access to the licensed material without the need for renewal. The document incorporates essential elements required under Australian law, including consumer protection provisions, intellectual property rights considerations, and competition law compliance. It covers critical aspects such as usage rights, technical specifications, support obligations, and liability limitations. This template should be used when implementing perpetual licensing arrangements that need to balance the licensor's intellectual property protection with the licensee's need for operational certainty.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including description of the licensed material and purpose
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Grant of License: Scope of the perpetual license, including permitted uses and territories
5. License Fee: Payment terms, including any ongoing maintenance fees
6. Intellectual Property Rights: Ownership and protection of IP rights in the licensed material
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use
8. Support and Maintenance: Terms for ongoing technical support and updates
9. Warranties and Representations: Promises about the licensed material and disclaimer of warranties
10. Liability and Indemnification: Limitations of liability and indemnification obligations
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Term and Termination: Duration of the agreement and circumstances for termination despite perpetual nature
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Source Code Escrow: Include when source code access needs to be guaranteed through third-party escrow
2. Data Protection: Include when personal data processing is involved in the licensed material
3. Export Control: Include for software or technology subject to export regulations
4. Third Party Dependencies: Include when licensed material incorporates third-party components
5. Service Level Agreement: Include when specific performance levels need to be maintained
6. Change Control: Include when formal processes for changes to licensed material are required
7. Audit Rights: Include when licensor needs rights to audit licensee's use
8. Territory Restrictions: Include when use is restricted to specific geographic regions
1. Schedule 1 - Licensed Material: Detailed description of licensed software, content, or technology
2. Schedule 2 - Technical Specifications: Technical requirements and specifications of the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Support and Maintenance Services: Detailed support and maintenance terms and service levels
5. Schedule 5 - Acceptable Use Policy: Specific rules and restrictions for use of licensed material
6. Appendix A - Installation Requirements: Technical requirements for installation and deployment
7. Appendix B - Security Requirements: Security standards and requirements for using licensed material
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Commencement Date
Confidential Information
Configuration
Customization
Documentation
Effective Date
End User
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License Fee
Licensed Material
Maintenance Services
Major Release
Minor Release
Modifications
Normal Business Hours
Permitted Purpose
Personal Information
Privacy Laws
Related Body Corporate
Security Requirements
Service Levels
Source Code
Specifications
Support Hours
Support Services
Technical Requirements
Territory
Third Party Components
Updates
Upgrades
Use
User Guide
Warranty Period
Work Product
Affiliate
Authorized Users
Business Day
Commencement Date
Confidential Information
Configuration
Customization
Documentation
Effective Date
End User
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
License Fee
Licensed Material
Maintenance Services
Major Release
Minor Release
Modifications
Normal Business Hours
Permitted Purpose
Personal Information
Privacy Laws
Related Body Corporate
Security Requirements
Service Levels
Source Code
Specifications
Support Hours
Support Services
Technical Requirements
Territory
Third Party Components
Updates
Upgrades
Use
User Guide
Warranty Period
Work Product
Clauses
Definitions
Grant of License
License Scope
License Restrictions
Intellectual Property Rights
Payment Terms
Support and Maintenance
Service Levels
Technical Requirements
Implementation
Acceptance Testing
Warranties
Representations
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Privacy
Security
Force Majeure
Term and Termination
Effect of Termination
Assignment
Subcontracting
Third Party Rights
Audit Rights
Compliance with Laws
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Variation
Severability
Waiver
Insurance
Export Control
Source Code Escrow
Personnel
Change Control
Grant of License
License Scope
License Restrictions
Intellectual Property Rights
Payment Terms
Support and Maintenance
Service Levels
Technical Requirements
Implementation
Acceptance Testing
Warranties
Representations
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Privacy
Security
Force Majeure
Term and Termination
Effect of Termination
Assignment
Subcontracting
Third Party Rights
Audit Rights
Compliance with Laws
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Variation
Severability
Waiver
Insurance
Export Control
Source Code Escrow
Personnel
Change Control
Relevant Industries
Information Technology
Software Development
Healthcare
Financial Services
Education
Manufacturing
Telecommunications
Media and Entertainment
Professional Services
Government
Research and Development
Retail
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Commercial Operations
Software Development
Intellectual Property
Contract Management
Business Development
Operations
Finance
Technical Support
Relevant Roles
Legal Counsel
Contract Manager
Intellectual Property Manager
Chief Technology Officer
IT Director
Software Development Manager
Procurement Manager
Compliance Officer
Risk Manager
Commercial Director
Operations Manager
Business Development Manager
Chief Information Officer
Technology Licensing Manager
Legal Operations Manager
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