The Perpetual Irrevocable License agreement is designed for situations where a permanent transfer of usage rights is required without transferring ownership of the underlying intellectual property or assets. This document is particularly valuable in technology transfers, software licensing, patent licensing, and long-term commercial relationships in Canada. It provides comprehensive coverage of perpetual usage rights, technical specifications, quality control requirements, and ongoing obligations while ensuring compliance with Canadian federal and provincial laws. The agreement is structured to protect both the licensor's intellectual property rights and the licensee's long-term interests, making it suitable for high-value transactions where certainty and permanence are essential. It includes specific provisions for Canadian legal requirements and can be customized for various industries and use cases.
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1. Parties: Identifies and defines the Licensor and Licensee with full legal names and addresses
2. Background: Establishes context, including ownership of the licensed property and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including Licensed Property, Effective Date, and Territory
4. Grant of License: Explicitly states the perpetual and irrevocable nature of the license, scope of rights granted, and any reserved rights
5. License Fees: Specifies one-time or ongoing fees, payment terms, and any royalty calculations
6. Use Restrictions: Details permitted and prohibited uses of the licensed property
7. Intellectual Property Rights: Confirms ownership of IP and handling of improvements or derivatives
8. Representations and Warranties: States parties' warranties regarding authority, ownership, and non-infringement
9. Indemnification: Outlines mutual or unilateral indemnification obligations
10. Maintenance and Support: Describes any ongoing maintenance or support obligations
11. Governing Law: Specifies Canadian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate including notices, assignment, and severability
1. Quality Control: Required when licensing trademarks or branded products to maintain quality standards
2. Source Code Escrow: Used for software licenses where source code access might be needed under specific conditions
3. Export Control: Required when licensed property might be subject to export regulations
4. Data Protection: Necessary when license involves processing of personal data
5. Sublicensing Rights: Include when licensee is permitted to sublicense the rights
6. Performance Requirements: Used when license includes minimum performance or usage obligations
7. Audit Rights: Include when licensor requires right to audit licensee's use or royalty calculations
1. Schedule A - Licensed Property: Detailed description of the licensed property, including technical specifications or documentation
2. Schedule B - Territory: Defines geographical scope of the license if not worldwide
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, royalty calculations, and payment terms
4. Schedule D - Technical Requirements: Technical specifications, implementation requirements, or compatibility standards
5. Schedule E - Service Level Agreement: Details of support and maintenance services if included
6. Appendix 1 - Approved Uses: Specific examples or detailed descriptions of permitted uses
7. Appendix 2 - Quality Control Standards: Detailed quality control requirements and procedures if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Biotechnology
Healthcare
Telecommunications
Media and Entertainment
Research and Development
Education
Automotive
Aerospace
Consumer Products
Financial Services
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Product Development
Commercial
Technical Operations
Innovation
Compliance
Finance
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Legal Counsel
Licensing Manager
Business Development Manager
Research Director
Product Manager
Innovation Director
Commercial Director
Chief Legal Officer
Technology Transfer Officer
Patent Attorney
Contract Manager
Chief Executive Officer
Head of Research and Development
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