This Perpetual Software License Agreement is designed for situations where a software provider wishes to grant permanent, ongoing rights to use their software products under Maltese law. It is particularly suitable for enterprise software deployments where the customer requires long-term certainty about their software usage rights and wants to make a one-time payment rather than recurring subscription fees. The agreement comprehensively covers essential aspects such as license scope, usage permissions, technical requirements, support services, and compliance with Maltese and EU regulations. It's commonly used for on-premises software installations or dedicated cloud instances where the customer needs perpetual access rights. The document includes specific provisions required under Maltese law while incorporating international software licensing best practices.
Perpetual Software License Agreement for Malta
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Key Requirements PROMPT example:
Perpetual Software License Agreement
"I need a Perpetual Software License Agreement for enterprise accounting software that will be deployed across our Malta-based financial services company, with specific provisions for data protection, source code escrow, and disaster recovery requirements as we're handling sensitive financial data."
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement, description of the software, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the perpetual license, permitted uses, and territory
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance
7. License Fees: Payment terms, including one-time license fee and any recurring maintenance fees
8. Intellectual Property Rights: Ownership of IP rights and protection of proprietary rights
9. Warranties and Representations: Warranties regarding software functionality, performance, and IP rights
10. Support and Maintenance: Terms of technical support and software maintenance services
11. Confidentiality: Protection of confidential information exchanged between parties
12. Limitation of Liability: Limitations on liability and exclusions of damages
13. Term and Termination: Duration of agreement and grounds for termination despite perpetual nature
14. Effects of Termination: Consequences of agreement termination and surviving provisions
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Data Protection: Required when software processes personal data, addressing GDPR compliance
2. Third-Party Software: Include when the software incorporates third-party components or dependencies
3. Source Code Escrow: Optional provision for source code escrow arrangements
4. Professional Services: Include when additional implementation or customization services are provided
5. Export Control: Required when software is subject to export control regulations
6. High Availability: Include when specific uptime or performance requirements are guaranteed
7. Disaster Recovery: Required for critical software implementations requiring backup and recovery procedures
8. Security Requirements: Include when specific security standards or certifications must be maintained
1. Schedule 1 - Software Description: Detailed description of the software, including versions and components
2. Schedule 2 - Technical Requirements: Hardware and software requirements for operation
3. Schedule 3 - Service Levels: Performance metrics and service level commitments
4. Schedule 4 - Support Services: Detailed support and maintenance procedures and response times
5. Schedule 5 - License Fees: Detailed breakdown of license fees and payment schedule
6. Schedule 6 - Authorized Users: Definition and limitations of authorized users if applicable
7. Appendix A - Acceptance Testing: Acceptance testing procedures and criteria
8. Appendix B - Documentation: List of user manuals and technical documentation provided
Authors
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Enhancement
Error
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Release
Major Release
Modification
Normal Business Hours
Personal Data
Processing
Related Materials
Security Requirements
Service Levels
Software
Source Code
Specification
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Update
Upgrade
User Documentation
Virus
Vulnerability
Working Hours
Permitted Purpose
Maintenance Services
Installation Site
Designated Equipment
Critical Error
Compatible Equipment
Acceptance Criteria
Associated Services
Data Protection Legislation
Good Industry Practice
Intellectual Property Claim
License Key
Response Time
Service Credits
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Enhancement
Error
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Release
Major Release
Modification
Normal Business Hours
Personal Data
Processing
Related Materials
Security Requirements
Service Levels
Software
Source Code
Specification
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Update
Upgrade
User Documentation
Virus
Vulnerability
Working Hours
Permitted Purpose
Maintenance Services
Installation Site
Designated Equipment
Critical Error
Compatible Equipment
Acceptance Criteria
Associated Services
Data Protection Legislation
Good Industry Practice
Intellectual Property Claim
License Key
Response Time
Service Credits
Clauses
License Grant
Intellectual Property
Payment
Warranties
Limitation of Liability
Indemnification
Confidentiality
Data Protection
Support and Maintenance
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Compliance with Laws
Export Control
Security
Installation
Training
Acceptance Testing
Service Levels
Disaster Recovery
Audit Rights
Insurance
Non-Solicitation
Escrow
Anti-Corruption
Competition
Intellectual Property
Payment
Warranties
Limitation of Liability
Indemnification
Confidentiality
Data Protection
Support and Maintenance
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Compliance with Laws
Export Control
Security
Installation
Training
Acceptance Testing
Service Levels
Disaster Recovery
Audit Rights
Insurance
Non-Solicitation
Escrow
Anti-Corruption
Competition
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government
Banking
Insurance
E-commerce
Media and Entertainment
Transportation and Logistics
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Vendor Management
Software Asset Management
Contract Administration
Risk Management
Information Security
Software Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Contract Administrator
Chief Information Officer
Technology Procurement Specialist
IT Asset Manager
Corporate Counsel
Software Compliance Officer
Vendor Management Officer
Chief Legal Officer
IT Operations Manager
Software Development Manager
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