This Non-Exclusive Software License Agreement is designed for use in the South African market where organizations need to license software products while maintaining compliance with local laws and regulations. The agreement is suitable for both domestic and international software providers operating in South Africa, providing a comprehensive framework for software licensing that addresses intellectual property rights, usage terms, support services, and compliance requirements. It incorporates essential provisions required under South African law, including the Copyright Act, Electronic Communications and Transactions Act, and POPIA, while maintaining flexibility for various business models and software deployment methods. This document is particularly relevant when organizations need to establish clear terms for software usage without transferring ownership rights, while ensuring proper protection of intellectual property and maintaining compliance with South African legal requirements.
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1. Parties: Identification and details of the Licensor and Licensee
2. Background: Context of the agreement and brief description of the software and intended use
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the non-exclusive license, including permitted uses and restrictions
5. License Fee and Payment Terms: Details of license fees, payment schedule, and payment methods
6. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
7. Licensee Obligations: Responsibilities and obligations of the Licensee in using the software
8. Support and Maintenance: Terms regarding technical support, updates, and maintenance services
9. Warranties and Representations: Warranties provided by the Licensor and warranty disclaimers
10. Limitation of Liability: Limitations on liability and indemnification provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Post-Termination Obligations: Obligations of parties after termination of the agreement
14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Data Protection: Required when the software processes personal information, ensuring POPIA compliance
2. Third-Party Software: Include when the licensed software incorporates third-party components
3. Export Controls: Required for software subject to export control regulations
4. Source Code Escrow: Optional provision for source code protection through escrow arrangements
5. Service Level Agreement: Include when specific performance levels are guaranteed
6. Training and Implementation: Required when the license includes training or implementation services
7. Audit Rights: Include when Licensor requires rights to audit Licensee's use of the software
1. Schedule A - Software Description: Detailed description of the licensed software, including version numbers and components
2. Schedule B - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule C - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule D - Support Services: Detailed description of support and maintenance services
5. Schedule E - Service Levels: Performance metrics and service level commitments
6. Appendix 1 - Authorized Users: List of authorized users or user categories if applicable
7. Appendix 2 - Permitted Locations: Specified locations where software may be used if geographically restricted
Relevant legal definitions
Agreement
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
License Term
Licensed Software
Licensee
Licensor
Maintenance Services
Non-Exclusive License
Normal Business Hours
Operating Environment
Parties
Personal Information
Permitted Purpose
Related Persons
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third-Party Software
User Access Levels
VAT
Virus
Working Hours
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
License Term
Licensed Software
Licensee
Licensor
Maintenance Services
Non-Exclusive License
Normal Business Hours
Operating Environment
Parties
Personal Information
Permitted Purpose
Related Persons
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Territory
Third-Party Software
User Access Levels
VAT
Virus
Working Hours
Clauses
Grant of License
License Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Support and Maintenance
Service Levels
Warranties
Liability Limitations
Indemnification
Confidentiality
Data Protection
Force Majeure
Term and Termination
Assignment
Dispute Resolution
Governing Law
Notices
Audit Rights
Export Control
Competition Law Compliance
Electronic Communications
Consumer Protection
Entire Agreement
Severability
Waiver
Variation
Costs
Implementation
Training
Security Requirements
Business Continuity
Third-Party Rights
Performance Obligations
License Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Support and Maintenance
Service Levels
Warranties
Liability Limitations
Indemnification
Confidentiality
Data Protection
Force Majeure
Term and Termination
Assignment
Dispute Resolution
Governing Law
Notices
Audit Rights
Export Control
Competition Law Compliance
Electronic Communications
Consumer Protection
Entire Agreement
Severability
Waiver
Variation
Costs
Implementation
Training
Security Requirements
Business Continuity
Third-Party Rights
Performance Obligations
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
Mining
Energy
Government
Agriculture
Insurance
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Vendor Management
Information Security
Commercial Operations
Finance
Software Asset Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Compliance Officer
Contract Manager
Information Security Officer
Risk Manager
Commercial Director
Chief Information Officer
Software Asset Manager
Vendor Management Officer
Chief Legal Officer
IT Procurement Specialist
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