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1. Parties: Identification of the licensor and licensee with full legal names and registration details
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license being granted
5. License Fees and Payment Terms: Financial terms, payment schedule, and consequences of non-payment
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Use Restrictions: Specific limitations on use, copying, modification, and distribution of the software
8. Maintenance and Support: Terms regarding software updates, technical support, and service levels
9. Confidentiality: Protection of confidential information exchanged between parties
10. Data Protection: POPIA compliance requirements and data handling obligations
11. Warranties and Disclaimers: Software performance warranties and limitation of warranties
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Term and Termination: Duration of the license and grounds for termination
14. Post-Termination Obligations: Actions required after agreement termination
15. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Third-Party Software: Required when the licensed software includes third-party components or dependencies
2. Export Control: Necessary for software with international distribution or containing controlled technology
3. Source Code Escrow: Optional section for enterprise agreements where source code access might be required
4. Professional Services: Include when implementation or customization services are part of the agreement
5. Service Level Agreement: Required for software provided as a service (SaaS) or with specific performance requirements
6. Audit Rights: Include for licenses where usage monitoring and compliance verification is important
7. Insurance Requirements: Necessary for high-value or high-risk implementations
8. Competition Law Compliance: Required when license terms might affect market competition
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees Schedule: Detailed breakdown of license fees, payment terms, and pricing models
3. Service Level Agreement: Specific performance metrics, support response times, and service standards
4. Acceptable Use Policy: Detailed rules and restrictions regarding software usage
5. Technical Requirements: Hardware, software, and network requirements for proper operation
6. Support and Maintenance Terms: Detailed procedures for obtaining support and maintenance services
7. Data Processing Agreement: POPIA-compliant terms for handling personal information
8. Security Requirements: Specific security standards and protocols to be followed
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