The Use License agreement serves as a crucial legal instrument for organizations and individuals seeking to grant or receive rights to use intellectual property, software, content, or other proprietary materials within the Austrian legal framework. This document is essential when a rights holder wishes to permit another party to use their intellectual property while maintaining ownership and controlling the scope of usage. The agreement incorporates specific provisions required under Austrian law, including compliance with the ABGB, Urheberrechtsgesetz, and relevant EU regulations. A Use License is particularly relevant in today's digital economy, where intellectual property licensing forms a cornerstone of many business operations, from software deployment to content distribution. The document addresses key aspects such as usage scope, territorial restrictions, payment terms, and compliance requirements, while ensuring adequate protection for both licensor and licensee interests under Austrian jurisdiction.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the licensed material/property
3. Definitions: Key terms used throughout the agreement, including technical terms and specific Austrian legal concepts
4. Grant of License: Detailed description of the rights being granted, including scope, territory, and duration
5. License Restrictions: Specific limitations on use, prohibited activities, and usage boundaries
6. Payment Terms: License fees, payment schedule, and any recurring charges
7. Licensee Obligations: Responsibilities and obligations of the licensee in using the licensed material
8. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
9. Term and Termination: Duration of the license and conditions for termination
10. Warranties and Indemnities: Warranties provided by both parties and indemnification provisions
11. Liability and Limitations: Scope of liability and limitations under Austrian law
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Technical Requirements: Required when the licensed material has specific technical requirements or compatibility needs
2. Support Services: Include when technical support or maintenance services are part of the license
3. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance
4. Export Controls: Include for licenses involving international usage or technology transfer
5. Source Code Escrow: Required for software licenses where source code protection is needed
6. Audit Rights: Include when licensor needs rights to audit licensee's usage
7. Sublicensing Rights: Include when sublicensing is permitted under specific conditions
8. Training and Documentation: Required when the license includes training or documentation provisions
1. Schedule 1 - Licensed Material: Detailed description of the licensed material, including versions and specifications
2. Schedule 2 - Technical Specifications: Technical requirements and compatibility specifications
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Service Level Agreement: Details of support services and performance standards, if applicable
5. Schedule 5 - Authorized Users: List of authorized users or user categories when access is restricted
6. Appendix A - Usage Guidelines: Detailed guidelines for proper use of the licensed material
7. Appendix B - Security Requirements: Security measures and requirements for using the licensed material
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