The Use License Agreement is essential for businesses and individuals seeking to formalize the terms under which intellectual property, software, content, or technology can be used in Belgium and potentially across the EU. This document type is particularly relevant in today's digital economy where licensing of intellectual property and technology is increasingly common. The agreement must comply with Belgian law, including the Civil Code and Code of Economic Law, while also adhering to relevant EU regulations such as GDPR and consumer protection directives. It typically includes detailed provisions on scope of use, territorial restrictions, payment terms, intellectual property protection, and termination rights. A Use License Agreement is particularly important when the licensor wishes to maintain control over their intellectual property while allowing others to use it under specific conditions.
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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/product
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including any territorial restrictions
5. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions
6. Use Restrictions: Specific limitations and prohibited uses of the licensed material
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Confidentiality: Obligations regarding confidential information
10. Warranties and Representations: Statements of assurance from both parties
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Data Protection: Required if personal data processing is involved, addressing GDPR compliance
2. Technical Support and Maintenance: Include if the license includes support services
3. Service Levels: Required if specific performance standards are guaranteed
4. User Obligations: Include for licenses requiring specific user responsibilities or technical requirements
5. Audit Rights: Include if licensor requires right to audit licensee's use
6. Export Control: Required if licensed material is subject to export regulations
7. Source Code Escrow: Include for software licenses where source code access might be needed
8. Competition Law Compliance: Required for licenses that might affect market competition
1. Schedule 1 - Licensed Materials: Detailed description of the licensed materials/products
2. Schedule 2 - Technical Specifications: Technical details and requirements for the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Service Level Agreement: Detailed service levels and support terms if applicable
5. Schedule 5 - Acceptable Use Policy: Detailed rules and guidelines for acceptable use
6. Appendix A - Contact Information: Key contacts for both parties for various purposes
7. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if applicable
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