The Evaluation License Agreement is essential for organizations seeking to protect their intellectual property while allowing potential clients or partners to assess their technology or software solutions. This document type is commonly used in Canadian business contexts where a company needs to provide temporary, limited access to their proprietary assets while maintaining control and protecting their IP rights. The agreement should comply with Canadian federal laws including the Copyright Act, Patent Act, and PIPEDA, as well as relevant provincial regulations. It typically includes specific terms about evaluation duration, usage restrictions, confidentiality requirements, and feedback mechanisms. The Evaluation License Agreement is particularly crucial in technology sectors where products or services require thorough testing before purchase commitments.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, including the nature of the licensed material and purpose of evaluation
3. Definitions: Key terms used throughout the agreement, including 'Licensed Material', 'Evaluation Period', 'Evaluation Purpose', and 'Confidential Information'
4. Grant of License: Scope and nature of the evaluation license, including territory and any restrictions
5. Evaluation Period: Duration of the evaluation license and any extension provisions
6. Permitted Use: Specific authorized uses and limitations during the evaluation period
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the licensed material
8. Confidentiality: Obligations regarding confidential information accessed during evaluation
9. No Warranties: Disclaimer of warranties for evaluation purposes
10. Termination: Circumstances for early termination and consequences
11. Post-Termination Obligations: Requirements after license expiry or termination
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Feedback and Improvements: Terms governing ownership and use of any feedback or improvements made during evaluation - include when feedback is expected or improvements are possible
2. Support Services: Details of any technical support provided during evaluation - include when support services are offered
3. Fee Provisions: Terms related to any evaluation fees - include for paid evaluation licenses
4. Data Protection: Specific data protection obligations - include when personal data processing is involved
5. Export Control: Export control compliance requirements - include for technology with potential export restrictions
6. Insurance: Insurance requirements - include for high-risk evaluations or when required by corporate policy
7. Audit Rights: Right to audit evaluation usage - include for sensitive technology or complex evaluation scenarios
1. Schedule A - Licensed Material: Detailed description of the technology, software, or material being licensed for evaluation
2. Schedule B - Technical Requirements: Technical specifications and requirements for implementing or testing the licensed material
3. Schedule C - Evaluation Metrics: Specific criteria or benchmarks for evaluation, if applicable
4. Schedule D - Support Procedures: Procedures for accessing technical support during evaluation, if provided
5. Appendix 1 - Security Requirements: Security protocols and requirements for handling the licensed material
6. Appendix 2 - Acceptance Testing: Testing procedures and acceptance criteria, if applicable
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