The Evaluation License Agreement is designed for situations where organizations need to assess software, technology, or other proprietary assets before making a full commitment to purchase or license. This document is particularly relevant in the Australian business context, where it must comply with local contract law, consumer protection legislation, and privacy requirements. The agreement typically covers a defined evaluation period, specifies permitted uses, protects intellectual property rights, and includes provisions for confidentiality and data security. It's essential for managing risk during trial periods and protecting both parties' interests while allowing meaningful evaluation of the licensed material. The document should be customized based on the specific nature of the evaluation, the type of product or service being evaluated, and any industry-specific requirements under Australian law.
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1. Parties: Identifies and provides details of the licensor and licensee
2. Background: Sets out the context and purpose of the evaluation license
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the scope, nature, and limitations of the evaluation license
5. Evaluation Period: Defines the duration of the evaluation and any extension provisions
6. Evaluation Purpose: Details permitted uses and restrictions during the evaluation
7. Intellectual Property Rights: Confirms ownership and protection of IP rights
8. Confidentiality: Protects confidential information shared during the evaluation
9. Feedback and Evaluation Results: Addresses ownership and use of evaluation feedback and results
10. No Warranties: Disclaims warranties for evaluation software/products
11. Limitation of Liability: Limits liability during the evaluation period
12. Termination: Covers termination rights and post-termination obligations
13. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Security Requirements: Required when evaluation involves sensitive systems or data
2. Payment Terms: Include if the evaluation requires any payment or deposit
3. Support Services: Include if technical support is provided during evaluation
4. Third Party Components: Required when licensed material includes third-party elements
5. Export Control: Include for technology subject to export regulations
6. Insurance: Include when evaluation involves high-risk activities or valuable assets
7. Data Protection: Required when personal data processing is involved
8. Acceptance Testing: Include if formal acceptance testing is part of evaluation
1. Schedule 1 - Licensed Material: Detailed description of software/product being evaluated
2. Schedule 2 - Technical Requirements: Technical specifications and requirements for evaluation
3. Schedule 3 - Evaluation Criteria: Specific criteria and metrics for evaluation
4. Schedule 4 - Support Services: Details of any support provided during evaluation
5. Schedule 5 - Security Requirements: Detailed security protocols and requirements
6. Appendix A - Evaluation Report Template: Template for recording evaluation results
7. Appendix B - Acceptable Use Policy: Guidelines for acceptable use during evaluation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Healthcare Technology
Financial Services
Manufacturing
Research and Development
Education
Professional Services
Telecommunications
Biotechnology
Defense and Security
Energy and Utilities
Mining and Resources
Agricultural Technology
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Research and Development
Information Security
Risk Management
Commercial Operations
Software Development
Product Management
Compliance
Business Development
Technical Operations
Innovation
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software Development Manager
Research Director
Innovation Manager
Commercial Manager
Contract Administrator
Information Security Officer
Risk Manager
Product Manager
Business Development Manager
Technical Evaluator
Compliance Officer
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