This Perpetual Software License agreement is essential for organizations seeking to establish permanent rights to use software solutions while ensuring compliance with Indonesian legal requirements. It is typically used when a customer wishes to purchase a permanent license rather than a subscription-based solution, particularly for core business applications or systems that require long-term deployment. The agreement incorporates provisions from key Indonesian legislation including Law No. 28 of 2014 on Copyright and Law No. 11 of 2008 on Electronic Information and Transactions, addressing crucial aspects such as intellectual property rights, electronic transactions, and data protection. The document provides comprehensive coverage of license terms, usage rights, technical specifications, and ongoing obligations of both parties, making it suitable for both standard software deployments and customized solutions.
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1. Parties: Identification of the licensor and licensee, including their legal status and registered 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 and nature of the perpetual license, including usage rights and restrictions
5. License Fees: One-time license fee details, payment terms, and any applicable taxes
6. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
7. Intellectual Property Rights: Confirmation of IP ownership and protection of licensor's rights
8. Warranties and Representations: Warranties regarding software functionality, ownership, and non-infringement
9. Support and Maintenance: Basic support terms and conditions (detailed terms in optional maintenance agreement)
10. Confidentiality: Protection of confidential information and trade secrets
11. Limitation of Liability: Limitations on liability and remedies available to parties
12. Term and Termination: Duration of the perpetual license and grounds for termination
13. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires access to source code under specific conditions
2. Data Protection: Specific data protection and privacy terms, required when software processes personal data
3. Export Controls: Compliance with export control regulations, needed for international licensing
4. Professional Services: Terms for additional professional services like customization or integration, if offered
5. Service Level Agreement: Detailed performance metrics and service levels, if specific performance guarantees are required
6. Change Control: Procedures for managing changes to the software, needed for customizable software
7. Disaster Recovery: Business continuity and disaster recovery requirements, important for business-critical software
8. Third-Party Software: Terms relating to incorporated third-party software components, if applicable
1. Software Description: Detailed description of the licensed software, including versions and components
2. Technical Requirements: Hardware and software requirements for operating the licensed software
3. License Fees and Payment Schedule: Detailed breakdown of license fees and payment terms
4. Authorized Users: Definition and limitations of authorized users and usage restrictions
5. Support and Maintenance Services: Detailed description of support services and service levels
6. Acceptance Testing Criteria: Criteria and procedures for acceptance testing of the software
7. Security Requirements: Specific security requirements and standards to be maintained
Relevant legal definitions
Agreement
Acceptance Date
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Maintenance Fee
Material Breach
Modifications
Operating Environment
Permitted Purpose
Personal Data
Related Entities
Security Requirements
Software Updates
Software Upgrades
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
User Manual
Virus
Warranty Period
Work Product
Acceptance Date
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Maintenance Fee
Material Breach
Modifications
Operating Environment
Permitted Purpose
Personal Data
Related Entities
Security Requirements
Software Updates
Software Upgrades
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third Party Software
User Manual
Virus
Warranty Period
Work Product
Clauses
License Grant
Payment Terms
Intellectual Property Rights
Warranties
Limitations of Liability
Indemnification
Confidentiality
Data Protection
Term and Termination
Installation and Acceptance
Support and Maintenance
Usage Restrictions
Technical Requirements
Security Requirements
Dispute Resolution
Force Majeure
Assignment
Audit Rights
Compliance with Laws
Export Control
Source Code Escrow
Service Levels
Change Management
Disaster Recovery
Insurance
Notices
Entire Agreement
Governing Law
Severability
Counterparts
Payment Terms
Intellectual Property Rights
Warranties
Limitations of Liability
Indemnification
Confidentiality
Data Protection
Term and Termination
Installation and Acceptance
Support and Maintenance
Usage Restrictions
Technical Requirements
Security Requirements
Dispute Resolution
Force Majeure
Assignment
Audit Rights
Compliance with Laws
Export Control
Source Code Escrow
Service Levels
Change Management
Disaster Recovery
Insurance
Notices
Entire Agreement
Governing Law
Severability
Counterparts
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Government and Public Sector
Telecommunications
Professional Services
Energy and Utilities
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Operations
Risk Management
Information Security
Software Development
Vendor Management
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Chief Technology Officer
Contract Manager
IT Security Manager
Chief Financial Officer
Business Unit Director
Operations Manager
Risk Manager
Software Asset Manager
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