This Perpetual License Agreement template is designed for use under Irish law when a permanent, ongoing license for software or intellectual property is required. It is particularly suitable for significant software implementations or technology transfers where the licensee needs guaranteed long-term access to the licensed material. The agreement incorporates essential elements required under Irish and EU law, including GDPR compliance, consumer protection measures, and competition law considerations. It should be used when the parties intend for the license to continue indefinitely, rather than for a fixed term, and includes provisions for support, maintenance, and protection of intellectual property rights. The document addresses key commercial and technical requirements while ensuring compliance with Irish legal frameworks and EU regulations.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the licensed property and purpose
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: Payment terms, including initial fees and any ongoing maintenance fees
6. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
7. Licensee Obligations: Specific obligations and restrictions on the licensee's use of the licensed property
8. Licensor Obligations: Licensor's obligations including delivery and warranty provisions
9. Warranties and Representations: Standard warranties about ownership, non-infringement, and performance
10. Limitation of Liability: Limitations on liability and exclusions under Irish law
11. Confidentiality: Obligations regarding confidential information exchanged under the agreement
12. Term and Termination: Duration of agreement and circumstances allowing termination despite perpetual nature
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Source Code Escrow: Optional provisions for source code escrow arrangements, typically included for business-critical software
2. Professional Services: Optional section covering implementation, training, or consulting services if provided
3. Service Levels: Optional section defining performance standards and metrics, if ongoing support is included
4. Data Protection: Required if personal data processing is involved, detailing GDPR compliance measures
5. Export Control: Required if the software is subject to export control regulations
6. Third Party Software: Required if the licensed software incorporates third-party components
7. Audit Rights: Optional provisions allowing licensor to audit licensee's use of the software
8. Disaster Recovery: Optional requirements for backup and disaster recovery procedures
1. Schedule 1 - Licensed Software: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Specifications: Technical requirements, specifications, and performance parameters
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Support Services: Description of any support and maintenance services included
5. Schedule 5 - Acceptable Use Policy: Terms governing acceptable use of the licensed software
6. Appendix A - Installation Requirements: Technical requirements for installation and deployment
7. Appendix B - Security Requirements: Security standards and requirements for software use
Relevant legal definitions
Acceptance Tests
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Force Majeure Event
GDPR
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Material Breach
Modification
Normal Business Hours
Personal Data
Security Requirements
Service Levels
Software Updates
Source Code
Specifications
Support Services
Technical Requirements
Term
Territory
Third Party Software
User Manual
Virus
Vulnerability
Warranty Period
Work Product
Working Hours
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Force Majeure Event
GDPR
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Material Breach
Modification
Normal Business Hours
Personal Data
Security Requirements
Service Levels
Software Updates
Source Code
Specifications
Support Services
Technical Requirements
Term
Territory
Third Party Software
User Manual
Virus
Vulnerability
Warranty Period
Work Product
Working Hours
Clauses
License Grant
Payment
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Third Party Rights
Notices
Amendments
Waiver
Use Restrictions
Technical Support
Maintenance
Audit Rights
Export Control
Source Code Escrow
Security Requirements
Service Levels
Acceptance Testing
Installation
Training
Documentation
Backup and Recovery
Competition Law Compliance
Consumer Protection
Payment
Intellectual Property Rights
Confidentiality
Data Protection
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Third Party Rights
Notices
Amendments
Waiver
Use Restrictions
Technical Support
Maintenance
Audit Rights
Export Control
Source Code Escrow
Security Requirements
Service Levels
Acceptance Testing
Installation
Training
Documentation
Backup and Recovery
Competition Law Compliance
Consumer Protection
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Pharmaceuticals
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Risk Management
Commercial Operations
Vendor Management
Technical Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software Development Manager
Compliance Officer
Commercial Director
Chief Information Officer
Contracts Manager
Information Security Officer
Risk Manager
Software Licensing Manager
Technology Procurement Specialist
Chief Legal Officer
IP Rights Manager
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