EXPLANATORY NOTES FOR THE SOFTWARE LICENCE AGREEMENT
This agreement is for use by software developers (whether individuals, smmes or larger software development houses) that licence such software to other entities for use. This agreement is protective of the rights of the software developer (i.e. the licensor), but is generally fair and equitable to both parties.
Note that this agreement can only be used where the receiver of services does not constitute a “consumer” in terms of the Consumer Protection Act. i.e the receiver MUST BE a juristic entity with a turnover or asset value equal to, or more than R2m at the time of the transaction.
Note: we will shortly make available agreements that regulate transactions that fall under the Consumer Protection Act. This agreement is for transactions that DO NOT fall under the Consumer Protection Act. Always make certain that the receiver of services under this agreement is neither a juristic person with assets or a turnover UNDER R2m, nor a natural person.
- is legally substantive (11 pages in total); please feel free to look at the explanatory notes below and compare the substance of this agreement to others for sale elsewhere;
- is bordered;
- has pages numbered;
- is fully justified;
- is typed up using Tahoma font, size 10;
- has been meticulously spell-checked;
- is extremely professional in its appearance;
- has several drafting notes therein to guide a legal practitioner;
- can be printed onto 11 A4 pages. (In the interests of the environment, it is suggested that the agreement rather be printed back to back on 6 pages.).
This SOFTWARE LICENCE AGREEMENT constitutes the following clauses:
- DEFINITIONS AND INTERPRETATION
- DELIVERY AND GRANT OF LICENCE
- SPECIFICS OF LICENCE
- PAYMENT OF ANNUAL FEES, TAXES, CHARGES AND SUPPORT SERVICES FEES
- PROJECT PLAN, INSTALLATION, CUSTOMISATIONS AND ENHANCEMENTS
- GOOD FAITH
- INTELLECTUAL PROPERTY INDEMNITY AND THE LICENSOR’S LIMITATION OF LIABILITY
- COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- LIABILITY OF THE LICENSEE AND CONFIDENTIALITY OF THE SOFTWARE PROGRAM
- CONSEQUENCES OF TERMINATION
- ESCROW AND SOURCE CODE
- GOVERNING LAW AND JURISDICTION
- DISPUTE RESOLUTION
- CESSION AND ASSIGNMENT
- FORCE MAJEURE
- DOMICILIUM AND NOTICES
APPENDIX 1: DETAILS OF THE SOFTWARE PRODUCT
APPENDIX 2: TRAINING
Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.
Any constructive feedback concerning this agreement can be emailed to firstname.lastname@example.org.