This Non Exclusive Royalty License agreement is essential for businesses seeking to monetize their intellectual property while maintaining control over their rights and the ability to license to multiple parties. The document is particularly relevant in the Belgian legal context, where it must comply with both national legislation (including the Belgian Code of Economic Law) and EU regulations. It establishes the framework for licensing intellectual property rights, including detailed provisions for royalty calculations, payment schedules, reporting requirements, and quality control measures. This type of agreement is commonly used when the licensor wishes to maintain flexibility in their licensing strategy while ensuring a steady revenue stream through royalty payments. The document includes specific provisions required under Belgian law and addresses key aspects such as territorial restrictions, permitted uses, and compliance with competition law requirements.
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1. Parties: Identification and details of the Licensor and Licensee
2. Background: Context of the agreement, including description of the intellectual property being licensed
3. Definitions: Key terms used throughout the agreement
4. Grant of License: Scope of the non-exclusive license, permitted uses, and territory
5. Royalty Payments: Payment terms, calculation method, reporting periods, and audit rights
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
9. Confidentiality: Protection of confidential information exchanged during the agreement
10. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction
11. General Provisions: Standard boilerplate clauses including notices, amendment process, and severability
1. Quality Control: Required when the licensed IP needs to maintain certain quality standards
2. Sub-licensing Rights: Include when the Licensee may be permitted to sub-license the IP
3. Marketing and Promotion: Include when specific requirements exist for how the IP can be marketed
4. Data Protection: Required when personal data processing is involved
5. Export Control: Include when the licensed IP may be subject to export regulations
6. Source Code Escrow: Include for software licenses where source code protection is needed
7. Training and Support: Include when the Licensor will provide technical support or training
8. Insurance: Include when specific insurance requirements are needed for the licensed IP use
1. Schedule 1 - Licensed Intellectual Property: Detailed description of the IP being licensed
2. Schedule 2 - Royalty Calculation Method: Detailed formula and examples of royalty calculations
3. Schedule 3 - Reporting Template: Template for periodic royalty reports
4. Schedule 4 - Technical Specifications: Technical details and requirements for the licensed IP
5. Appendix A - Approved Use Cases: Specific approved uses of the licensed IP
6. Appendix B - Quality Standards: Required quality standards if applicable
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