This Permanent Software License agreement template is designed for use in Hong Kong and complies with local legal requirements including the Copyright Ordinance, Electronic Transactions Ordinance, and Personal Data (Privacy) Ordinance. It should be used when granting perpetual rights to use software, as opposed to subscription-based or temporary licenses. The document covers essential elements including license scope, intellectual property rights, usage restrictions, warranties, and liability limitations. It's particularly relevant for software companies, developers, and businesses looking to license their software products on a permanent basis to end-users or other businesses in Hong Kong. The agreement can be customized based on the specific software product, intended use, and whether it's for business-to-business or business-to-consumer transactions.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the permanent license, including any territorial restrictions
5. License Fees: One-time payment terms and any additional fees for maintenance or support
6. Intellectual Property Rights: Assertion of ownership and protection of IP rights
7. Use Restrictions: Limitations on use, copying, modification, and distribution
8. Licensee Obligations: Requirements for security, compliance, and acceptable use
9. Warranties and Representations: Software performance guarantees and IP non-infringement warranties
10. Limitation of Liability: Caps on liability and exclusions conforming to Hong Kong law
11. Term and Termination: Conditions for termination despite permanent nature, and consequences
12. Confidentiality: Protection of confidential information and trade secrets
13. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Support and Maintenance: Terms for ongoing technical support and software updates - include if offering these services
2. Data Protection: Compliance with privacy laws - include if software processes personal data
3. Source Code Escrow: Terms for source code protection - include for business-critical software
4. Export Controls: Export compliance terms - include for international licensing
5. Third-Party Software: Rights and obligations regarding third-party components - include if relevant
6. Training and Implementation: Terms for training services - include if offering implementation support
7. Audit Rights: Right to audit licensee's use - include for enterprise software
8. Service Level Agreement: Performance standards - include if offering uptime guarantees
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and compatible platforms
4. Schedule 4 - Support Services: Details of any support and maintenance services if offered
5. Schedule 5 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Appendix A - Installation Guide: Technical instructions for software installation and setup
7. Appendix B - Documentation: User manuals and technical documentation
Relevant legal definitions
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Software
Licensee
Licensor
Maintenance Services
Modifications
Object Code
Permitted Purpose
Personal Data
Security Breach
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third-Party Software
Trade Secrets
Updates
Upgrades
User Interface
Warranties
Work Product
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Software
Licensee
Licensor
Maintenance Services
Modifications
Object Code
Permitted Purpose
Personal Data
Security Breach
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third-Party Software
Trade Secrets
Updates
Upgrades
User Interface
Warranties
Work Product
Clauses
License Grant
Payment Terms
Intellectual Property Rights
Confidentiality
Use Restrictions
Warranties
Limitation of Liability
Indemnification
Term and Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Data Protection
Security Requirements
Audit Rights
Export Control
Support and Maintenance
Installation
Training
Acceptance Testing
Competition Law Compliance
Third Party Rights
Amendments
Waiver
Counterparts
Survival
Payment Terms
Intellectual Property Rights
Confidentiality
Use Restrictions
Warranties
Limitation of Liability
Indemnification
Term and Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Data Protection
Security Requirements
Audit Rights
Export Control
Support and Maintenance
Installation
Training
Acceptance Testing
Competition Law Compliance
Third Party Rights
Amendments
Waiver
Counterparts
Survival
Relevant Industries
Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Government
Telecommunications
Media and Entertainment
Insurance
Real Estate
Transportation
Energy
Construction
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Sales
Business Development
Risk Management
Commercial Operations
Vendor Management
Contract Administration
Information Security
Product Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
IT Director
Procurement Manager
Contract Manager
Compliance Officer
Software Licensing Specialist
Business Development Manager
Chief Information Officer
IP Rights Manager
Commercial Director
Legal Operations Manager
Software Sales Manager
Risk Manager
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