The Permanent Software License agreement serves as the primary legal instrument for software companies operating in Pakistan to grant perpetual usage rights to their clients. This document is essential when organizations need to establish a long-term software licensing arrangement without recurring license renewals. It comprehensively covers critical aspects such as usage rights, intellectual property protection, technical support, and compliance with Pakistani legal requirements, including the Electronic Transactions Ordinance 2002 and relevant copyright laws. The agreement is particularly vital for businesses seeking to maintain consistent access to essential software while ensuring legal compliance and protecting both parties' interests. The permanent nature of the license distinguishes it from subscription-based models, making it suitable for core business applications where continuous, uninterrupted access is crucial.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used in the agreement
4. Grant of License: Scope of the permanent license, including permitted uses and territory restrictions
5. License Fees: One-time payment terms and any ongoing maintenance fees
6. Delivery and Installation: Terms regarding software delivery, installation procedures, and acceptance criteria
7. Intellectual Property Rights: Confirmation of licensor's ownership and protection of IP rights
8. Use Restrictions: Specific limitations on use, copying, modification, and distribution
9. Licensee Obligations: Key responsibilities of the licensee in using the software
10. Support and Maintenance: Terms of ongoing technical support and software maintenance
11. Warranties: Software performance warranties and disclaimer of warranties
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Termination: Grounds for termination despite permanent nature, particularly for breach
14. Governing Law and Jurisdiction: Specification of Pakistani law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Source Code Escrow: Terms for source code protection and access - used when source code access might be needed in specific circumstances
2. Third Party Software: Provisions regarding third-party components - needed when the software incorporates third-party elements
3. Data Protection: Specific data handling and privacy terms - required when software processes personal data
4. Export Controls: Export restriction compliance - needed for international use of the software
5. Training: Terms for user training provisions - included when training services are part of the agreement
6. Customization: Terms regarding software customization - needed when modifications are permitted
7. Disaster Recovery: Backup and recovery requirements - important for business-critical applications
8. Security Requirements: Specific security standards and compliance - needed for sensitive applications
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: Hardware and system requirements for the software
4. Schedule 4 - Service Levels: Performance metrics and support response times
5. Schedule 5 - Acceptance Testing: Testing procedures and acceptance criteria
6. Appendix A - Authorized Users: List of authorized users or user categories and access levels
7. Appendix B - Maintenance Services: Detailed description of maintenance and support services
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