The Trial License Agreement is a specialized contract used when organizations need to evaluate products, software, or services before committing to a full commercial license. This document type is particularly relevant in New Zealand's business environment, where it must comply with local contract law, intellectual property regulations, and privacy requirements. The agreement typically includes detailed provisions about the trial scope, duration, evaluation criteria, and parties' obligations. It's designed to protect the licensor's intellectual property while giving the licensee sufficient rights to properly evaluate the licensed material. The document is especially important in technology-related transactions but can be adapted for various sectors where trial periods are necessary before full implementation.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the trial license, including purpose and general intent of the parties
3. Definitions: Key terms used throughout the agreement, including 'Trial Period', 'Licensed Material', 'Permitted Use'
4. Grant of License: Scope and nature of the trial license, including specific permissions and restrictions
5. Trial Period: Duration of the trial, start date, and end date
6. Evaluation Criteria: Metrics and criteria for assessing the trial's success or failure
7. Use Restrictions: Specific limitations on how the licensed material may be used during the trial
8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
9. Confidentiality: Obligations regarding confidential information shared during the trial
10. Data Protection: Handling of any data collected or processed during the trial
11. Termination: Circumstances under which the trial can be terminated and the process for termination
12. Post-Trial Obligations: Actions required after trial completion, including return or destruction of materials
13. Liability and Indemnity: Limitations of liability and indemnification provisions
14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Fees: Include when the trial involves any payment or deposit requirements
2. Support Services: Include when technical support or training is provided during the trial
3. Security Requirements: Include when the licensed material requires specific security measures
4. User Feedback: Include when formal feedback or reporting is required from the licensee
5. Conversion to Commercial License: Include when there's a pathway to convert to a full commercial license
6. Third Party Rights: Include when the licensed material incorporates third-party components
7. Insurance: Include when specific insurance coverage is required for the trial
8. Export Control: Include when the licensed material is subject to export control regulations
1. Schedule 1 - Licensed Material: Detailed description of the software, technology, or material being licensed
2. Schedule 2 - Technical Requirements: Technical specifications and system requirements
3. Schedule 3 - Trial Success Metrics: Detailed evaluation criteria and performance metrics
4. Schedule 4 - Support Services: Description of any support services provided during the trial
5. Schedule 5 - Fee Schedule: Any applicable fees, deposits, or financial terms
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed material
7. Appendix B - Security Protocol: Security requirements and procedures
8. Appendix C - Data Processing Terms: Detailed terms for handling and processing data during the trial
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Healthcare
Financial Services
Telecommunications
Research and Development
Education
Professional Services
Media and Entertainment
Biotechnology
Energy and Utilities
Relevant Teams
Legal
Commercial
Procurement
Information Technology
Product Development
Risk and Compliance
Business Development
Operations
Research and Development
Innovation
Relevant Roles
Legal Counsel
Contract Manager
Licensing Manager
Commercial Director
Chief Technology Officer
Product Manager
Information Technology Manager
Procurement Manager
Business Development Manager
Compliance Officer
Risk Manager
Technology Director
Innovation Manager
Software Development Manager
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