The On Premise Software License Agreement is a critical legal document used when a software provider licenses their software for installation and use on a customer's local infrastructure in South Africa. This agreement type is essential when organizations prefer to maintain software within their own IT environment rather than using cloud-based solutions. The document must comply with South African legislation, including the Electronic Communications and Transactions Act, Protection of Personal Information Act (POPIA), and Consumer Protection Act. It typically includes detailed terms covering license scope, implementation, support, maintenance, warranties, and intellectual property rights. This agreement type is particularly relevant for organizations requiring direct control over their software environment, having specific security requirements, or needing to comply with data residency regulations.
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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 and nature of the license, including usage rights, restrictions, and territory limitations
5. License Fees and Payment Terms: Pricing, payment schedule, late payment consequences, and taxation requirements
6. Delivery and Installation: Terms regarding software delivery, installation procedures, and acceptance testing
7. Use of Software: Permitted uses, user limitations, and restrictions on modification or reverse engineering
8. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims
9. Warranties and Representations: Software performance warranties, compliance with laws, and standard representations
10. Support and Maintenance: Basic support obligations and maintenance terms
11. Confidentiality: Protection of confidential information and trade secrets
12. Limitation of Liability: Liability caps and exclusions compliant with South African law
13. Term and Termination: Duration, renewal terms, and termination rights and consequences
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Detailed POPIA compliance terms, required if the software processes personal information
2. Third-Party Software: Terms relating to third-party components, needed if the software incorporates third-party elements
3. Export Controls: Export restriction clauses, necessary for software with international distribution
4. Source Code Escrow: Terms for source code escrow arrangements, important for business-critical applications
5. Professional Services: Additional terms for implementation services, if provided alongside the license
6. Service Levels: Detailed performance metrics and remedies, needed for business-critical applications
7. Disaster Recovery: Requirements for backup and recovery procedures, important for high-risk implementations
8. Insurance: Insurance requirements, relevant for high-value or high-risk implementations
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees: Detailed pricing structure, payment schedules, and calculation methods
3. Technical Requirements: Hardware and software requirements for proper operation
4. Support Services: Detailed support and maintenance terms, including service levels and procedures
5. Authorized Users: List of authorized users or user categories and their access rights
6. Installation Requirements: Detailed installation procedures and acceptance testing criteria
7. Information Security Requirements: Security standards and requirements for software operation
Relevant legal definitions
Acceptance Tests
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Customization
Data
Defect
Deliverables
Documentation
Effective Date
Error
Fees
Force Majeure Event
Hardware Requirements
Implementation Services
Intellectual Property Rights
License
License Fee
License Term
Licensed Software
Maintenance Services
Material Breach
Modifications
Normal Business Hours
Operating Environment
Parties
Personal Information
Professional Services
Upgrade
Release
Response Time
Security Requirements
Services
Software
Source Code
Specifications
Support Hours
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
User Documentation
VAT
Virus
Warranty Period
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Configuration
Customization
Data
Defect
Deliverables
Documentation
Effective Date
Error
Fees
Force Majeure Event
Hardware Requirements
Implementation Services
Intellectual Property Rights
License
License Fee
License Term
Licensed Software
Maintenance Services
Material Breach
Modifications
Normal Business Hours
Operating Environment
Parties
Personal Information
Professional Services
Upgrade
Release
Response Time
Security Requirements
Services
Software
Source Code
Specifications
Support Hours
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
User Documentation
VAT
Virus
Warranty Period
Clauses
License Grant
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Installation
Acceptance Testing
Support and Maintenance
Service Levels
Audit Rights
Performance
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Security
Compliance
Export Control
Anti-corruption
Dispute Resolution
Governing Law
Amendment
Insurance
Notice
Severability
Entire Agreement
Third-Party Rights
Waiver
Competition Law
Consumer Protection
Implementation
Training
Documentation
Business Continuity
Escrow
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Installation
Acceptance Testing
Support and Maintenance
Service Levels
Audit Rights
Performance
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Security
Compliance
Export Control
Anti-corruption
Dispute Resolution
Governing Law
Amendment
Insurance
Notice
Severability
Entire Agreement
Third-Party Rights
Waiver
Competition Law
Consumer Protection
Implementation
Training
Documentation
Business Continuity
Escrow
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Mining
Education
Government
Insurance
Banking
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Information Security
Operations
Software Development
Vendor Management
Finance
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Information Security Officer
IT Infrastructure Manager
Compliance Officer
Contract Manager
Chief Information Officer
Enterprise Architect
IT Operations Manager
Risk Manager
Technology Procurement Specialist
Software Asset Manager
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