Does South African law recognise the validity of
'perpetual' software licences? If not, or if it is not
advisable for other reasons, are there other means of addressing
concerns relating to 'perpetual' licences?
Parties to agreements in South Africa are free
to contract for any term that they wish. There is therefore no bar
to a perpetual licence, but to ensure the functioning of the
licence in practice, parties should contract clearly that the
licence is in perpetuity, and also directly address
termination.
Practically speaking, software has a limited
lifespan relative to the copyright protection it is entitled to,
and accordingly parties are unlikely to come upon issues of
enforceability owing to duration.
