This document template is designed for situations where a permanent transfer of intellectual property rights is needed while maintaining original ownership. The Unlimited License agreement, governed by Australian law, provides a framework for granting perpetual, irrevocable rights to use, modify, and implement specified intellectual property or technology. It is particularly useful for software licensing, content distribution, technology transfer, and other scenarios requiring ongoing, unrestricted access to intellectual property. The document includes essential provisions for Australian legal compliance, including considerations under the Copyright Act 1968 and Competition and Consumer Act 2010, while addressing commercial aspects such as payment terms, warranties, and operational requirements.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed material
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Explicit statement of the unlimited license grant and its scope
5. License Fee: Details of payment terms, including any ongoing fees or royalties
6. Intellectual Property Rights: Confirmation of ownership and IP rights in the licensed material
7. Licensee Obligations: Core obligations and responsibilities of the licensee
8. Warranties and Representations: Warranties provided by both parties regarding the licensed material and its use
9. Indemnification: Mutual indemnification provisions for breach of agreement or third-party claims
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Obligations regarding confidential information
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Technical Requirements: Specific technical requirements or standards for using the licensed material
2. Quality Control: Requirements for maintaining quality standards in the use of licensed material
3. Territory Restrictions: Any geographical limitations on the license, if applicable
4. Sublicensing Rights: Terms regarding the licensee's right to sublicense, if permitted
5. Support and Maintenance: Terms for ongoing support or maintenance of licensed material
6. Updates and Modifications: Rights and procedures regarding updates or modifications to the licensed material
7. Audit Rights: Licensor's rights to audit licensee's use of the licensed material
8. Insurance: Insurance requirements for either party
9. Data Protection: Specific provisions for handling personal or sensitive data
1. Schedule 1 - Licensed Material: Detailed description and specifications of the licensed material
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Specifications: Technical requirements and specifications for implementation
4. Schedule 4 - Service Levels: Service level requirements and metrics, if applicable
5. Schedule 5 - Approved Uses: Specific approved uses and any usage restrictions
6. Appendix A - Contact Details: Key contacts for both parties for various purposes
7. Appendix B - Form of Reports: Templates for any required reporting
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