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Non Exclusive Licence for Australia

Non Exclusive Licence Template for Australia

An Australian law-governed Non-Exclusive License agreement is a legal document that enables the owner of intellectual property rights to grant permission for use of their intellectual property while retaining the right to license the same IP to others. This agreement, structured under Australian legal requirements, includes comprehensive terms covering license scope, payment terms, quality control, and usage restrictions. It provides the framework for protecting the licensor's IP rights while giving the licensee clear parameters for utilizing the licensed material, all while ensuring compliance with relevant Australian intellectual property and contract law principles.

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Non Exclusive Licence

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What is a Non Exclusive Licence?

The Non-Exclusive License agreement is essential for businesses and individuals looking to monetize their intellectual property rights while maintaining control and the ability to grant similar rights to multiple users. This document is particularly relevant in the Australian legal context where intellectual property protection is governed by various federal acts including the Copyright Act 1968, Patents Act 1990, and Trade Marks Act 1995. The agreement typically includes detailed provisions on permitted uses, territorial restrictions, quality control measures, and payment terms. It's commonly used for software licensing, content distribution, technology transfer, and brand licensing arrangements where exclusive rights are not required or desired. The non-exclusive nature of the license allows the licensor to maintain flexibility in their commercial arrangements while providing licensees with the necessary legal rights to use the intellectual property for their intended purposes.

What sections should be included in a Non Exclusive Licence?

1. Parties: Identifies and provides full legal details of the licensor and licensee

2. Background: Contextual information explaining the purpose of the license and the rights being licensed

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Grant of License: Specifies the exact rights being granted, their non-exclusive nature, and any territorial limitations

5. Term and Termination: Details the duration of the license and circumstances under which it can be terminated

6. License Fees and Payment Terms: Outlines the financial terms, payment schedule, and any royalty calculations

7. Intellectual Property Rights: Confirms ownership of IP and extent of rights granted under the license

8. Obligations of the Parties: Lists specific responsibilities of both licensor and licensee

9. Quality Control: Standards and requirements for use of the licensed material

10. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement

11. Indemnification: Mutual or one-way indemnification provisions for potential claims

12. Confidentiality: Protection of confidential information exchanged during the license relationship

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

14. Execution: Signature blocks and execution details

What sections are optional to include in a Non Exclusive Licence?

1. Sub-licensing Rights: Include when licensee is permitted to sub-license the rights to third parties

2. Territory Restrictions: Detailed section needed when license is limited to specific geographic areas

3. Marketing and Promotion: Include when agreement covers marketing rights and obligations

4. Minimum Performance Requirements: Add when license includes performance targets or minimum sales requirements

5. Technical Support: Include when licensor provides technical support or maintenance services

6. Audit Rights: Add when licensor requires right to audit licensee's use or royalty calculations

7. Data Protection: Include when license involves processing of personal data

8. Export Control: Add when licensed material may be subject to export control regulations

9. Source Code Escrow: Include for software licenses where source code protection is needed

What schedules should be included in a Non Exclusive Licence?

1. Schedule 1 - Licensed Material: Detailed description of the intellectual property being licensed

2. Schedule 2 - License Fees: Detailed breakdown of all fees, royalties, and payment terms

3. Schedule 3 - Technical Specifications: Technical details and specifications of licensed material

4. Schedule 4 - Quality Control Standards: Detailed quality control requirements and processes

5. Schedule 5 - Approved Use Guidelines: Specific guidelines for how licensed material may be used

6. Appendix A - Reporting Ƶ: Standard templates for required reporting

7. Appendix B - Brand Guidelines: If applicable, guidelines for use of licensed brands or marks

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

Cost

Free to use
Relevant legal definitions




























Clauses






























Relevant Industries

Technology

Media and Entertainment

Manufacturing

Pharmaceuticals

Biotechnology

Software Development

Retail

Consumer Goods

Professional Services

Education

Research and Development

Healthcare

Telecommunications

Creative Industries

Publishing

Relevant Teams

Legal

Intellectual Property

Business Development

Commercial

Research and Development

Product Development

Innovation

Compliance

Technology

Corporate Affairs

Brand Management

Content Management

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Manager

Business Development Director

Commercial Manager

Contract Manager

Chief Technology Officer

Innovation Director

Research Director

Product Manager

Brand Manager

Content Manager

Software Development Manager

Corporate Counsel

IP Rights Administrator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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