On Premise Software License Template for South Africa

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Key Requirements PROMPT example:

On Premise Software License

"I need an On-Premise Software License Agreement for licensing our enterprise resource planning software to South African mining companies, with specific provisions for high-availability requirements and integration with third-party systems, planned to be implemented by March 2025."

Document background
This On Premise Software License Agreement is designed for use in South Africa when a software provider wishes to license their software product for installation and use on a customer's local infrastructure. The agreement is structured to comply with South African legal requirements, including data protection laws (POPIA), consumer protection legislation, and electronic communications regulations. It should be used when the software will be installed and operated on the customer's own servers or infrastructure, rather than being provided as a cloud service. The document includes comprehensive terms covering license grants, usage restrictions, intellectual property rights, maintenance and support, warranties, and liability limitations. It's particularly important for businesses operating in South Africa that need to license software while ensuring compliance with local regulations and protecting both parties' interests in the software licensing relationship.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including their registered addresses and company details

2. Background: Context of the agreement, including brief description of the software and purpose of the license

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to the software

4. Grant of License: Scope of the license, including usage rights, restrictions, and territory limitations

5. License Fees: Payment terms, fee structure, and payment schedules

6. Intellectual Property Rights: Assertion and protection of IP rights, ownership of the software and derivative works

7. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance criteria

8. Use Restrictions: Specific limitations on use, prohibited activities, and user restrictions

9. Warranties and Representations: Standard warranties regarding software performance, IP rights, and compliance with laws

10. Support and Maintenance: Basic support terms and maintenance obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of the agreement, renewal terms, and termination rights

13. Consequences of Termination: Post-termination obligations and rights

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. Data Protection: POPIA compliance requirements and data processing terms

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Third Party Software: Include when the licensed software incorporates third-party components or dependencies

2. Export Controls: Include for software subject to export control regulations or international trade restrictions

3. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

4. Professional Services: Include when additional implementation or customization services are provided

5. Hardware Requirements: Include when specific hardware configurations are required for software operation

6. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical

7. Audit Rights: Include when the licensor requires rights to audit licensee's compliance

8. Competition Law Compliance: Include when the license contains territorial restrictions or exclusive arrangements

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. License Fees and Payment Schedule: Detailed breakdown of fees, payment terms, and schedules

3. Technical Requirements: Minimum system requirements and technical specifications

4. Support and Maintenance Services: Detailed service levels, support hours, and maintenance terms

5. Authorized Users: Definition and limitations of authorized users and access rights

6. Implementation Plan: Timeline and milestones for software implementation

7. Security Requirements: Security standards and requirements for software operation

8. Data Processing Terms: Detailed data processing requirements and POPIA compliance measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Mining

Energy and Utilities

Agriculture

Insurance

Banking

Logistics and Transportation

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Finance

Operations

Vendor Management

Infrastructure

Enterprise Architecture

Software Asset Management

Relevant Roles

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

IT Security Manager

Chief Technology Officer

Contract Manager

Information Security Officer

Chief Legal Officer

IT Infrastructure Manager

Compliance Officer

Enterprise Architect

Chief Financial Officer

IT Operations Manager

Risk Manager

Software Asset Manager

Vendor Management Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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