The Non-Exclusive License Agreement is a crucial legal instrument used when a rights holder wishes to monetize their intellectual property while maintaining control and the ability to grant similar rights to multiple parties. This document type is particularly relevant in the Austrian legal context, where it must comply with the ABGB (Austrian Civil Code), the Urheberrechtsgesetz (Copyright Act), and other relevant legislation. The agreement typically includes detailed provisions on the scope of licensed rights, territorial restrictions, payment terms, quality control measures, and compliance requirements. It's commonly used in technology transfers, software licensing, content distribution, and manufacturing arrangements, providing a flexible framework for commercial exploitation of intellectual property while protecting the interests of both licensor and licensee.
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1. Parties: Identification and details of the licensor and licensee, including registration numbers and addresses
2. Background: Context of the agreement, description of the intellectual property, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the non-exclusive license, permitted uses, and any territorial limitations
5. License Fees and Payment Terms: Financial terms, payment schedule, calculation of royalties if applicable
6. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of improvements
7. Obligations of the Licensor: Licensor's commitments regarding delivery, maintenance, and support
8. Obligations of the Licensee: Licensee's commitments regarding use, reporting, and compliance
9. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
10. Confidentiality: Protection of confidential information exchanged during the license period
11. Warranties and Indemnities: Representations about the licensed IP and indemnification provisions
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Quality Control: Required when licensed IP involves trademarks or branding requirements
2. Source Code Escrow: For software licenses where source code protection is needed
3. Export Control: When licensed technology may be subject to export restrictions
4. Data Protection: Required when personal data processing is involved
5. Sublicensing Rights: When sublicensing might be permitted under specific conditions
6. Maintenance and Support: For technical licenses requiring ongoing support services
7. Competition Law Compliance: When license terms might have competition law implications
8. Insurance: When specific insurance coverage is required for licensed activities
1. Schedule 1 - Licensed IP: Detailed description of the intellectual property being licensed
2. Schedule 2 - Technical Specifications: Technical details and requirements for the licensed IP
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
4. Schedule 4 - Service Levels: Performance metrics and service standards if applicable
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if sublicensing is permitted
6. Appendix A - Usage Guidelines: Specific guidelines for using the licensed IP
7. Appendix B - Reporting Ƶ: Standard forms for required reporting under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Media and Entertainment
Pharmaceuticals
Biotechnology
Research and Development
Education
Telecommunications
Consumer Products
Industrial Products
Creative Industries
Publishing
Gaming
Relevant Teams
Legal
Intellectual Property
Business Development
Research and Development
Product Development
Commercial
Licensing
Innovation
Technology Transfer
Compliance
Executive Leadership
Finance
Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Business Development Manager
Contract Manager
Chief Technology Officer
Research Director
Product Manager
Commercial Director
Innovation Manager
Chief Executive Officer
Chief Legal Officer
Intellectual Property Counsel
Technology Transfer Officer
Partnership Manager
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