This Product License Agreement template is designed for use under Belgian law when one party (licensor) wishes to grant another party (licensee) the right to use a specific product while retaining ownership rights. The document is particularly relevant in today's digital economy and can be used for software, technology products, intellectual property, and various other licensed products. It incorporates essential elements required by Belgian contract law and relevant EU regulations, including consumer protection provisions where applicable. The agreement is structured to address key aspects such as license scope, payment terms, usage restrictions, support services, and intellectual property rights. This Product License template can be customized based on the specific product type, whether it's for B2B or B2C relationships, and the particular requirements of the industry sector involved.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the product being licensed
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope of license, permitted uses, and territory
5. License Fees and Payment Terms: Financial terms, payment schedule, and payment methods
6. Intellectual Property Rights: Ownership and protection of IP rights
7. Licensee Obligations: Key responsibilities and restrictions on licensee's use of the product
8. Technical Support and Maintenance: Support services and maintenance terms
9. Term and Termination: Duration of agreement and termination provisions
10. Warranties and Representations: Product warranties and party representations
11. Limitation of Liability: Liability caps and exclusions
12. Confidentiality: Protection of confidential information
13. Governing Law and Jurisdiction: Belgian law application and dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Data Protection: Required if the product involves processing personal data
2. Consumer Protection Provisions: Required for B2C licenses to comply with consumer protection laws
3. Export Control: Required if the product is subject to export restrictions
4. Source Code Escrow: Optional for software licenses where source code protection is required
5. Training and Implementation: Required if the product requires specific training or implementation services
6. Service Level Agreement: Required for products with specific performance requirements
7. Audit Rights: Optional section for monitoring compliance with license terms
8. Insurance Requirements: Optional section for high-value or high-risk products
1. Schedule 1 - Product Description: Detailed technical specifications and description of the licensed product
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms and calculations
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support and Maintenance Services: Detailed description of support levels and maintenance services
5. Schedule 5 - Service Level Agreement: Detailed performance metrics and service levels if applicable
6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use of the licensed product
7. Appendix B - Security Requirements: Security standards and requirements for product use
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