The Non-Exclusive Agreement serves as a critical legal instrument in Indian business operations where parties wish to formalize their business relationship while maintaining the freedom to engage in similar arrangements with other parties. This document type is commonly used in situations involving licensing, distribution, service provision, or technology usage, where exclusivity is not desired or practical. The agreement incorporates essential elements required under Indian law, including clear definitions of granted rights, detailed obligations of all parties, comprehensive payment terms, and appropriate protection mechanisms for intellectual property and confidential information. It's particularly valuable in dynamic market environments where flexibility and multiple partnerships are necessary for business growth, while still maintaining legal protections and clear operational frameworks.
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1. Parties: Identifies and defines the contracting parties with their full legal names, addresses, and company registration details
2. Background: Sets out the context and commercial intent behind the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Grant of Rights: Specifies the non-exclusive rights being granted, their scope, and any territorial limitations
5. Term and Termination: Defines the duration of the agreement and circumstances for termination
6. Payment Terms: Details the financial arrangements, including fees, payment schedule, and invoicing requirements
7. Obligations of the Parties: Lists the specific duties and responsibilities of each party
8. Representations and Warranties: States the legal promises and assurances made by each party
9. Intellectual Property Rights: Clarifies ownership and usage rights of intellectual property
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Liability and Indemnification: Sets out liability limitations and indemnification obligations
12. Governing Law and Jurisdiction: Specifies Indian law as governing law and establishes jurisdiction for disputes
13. General Provisions: Contains standard boilerplate clauses including notices, entire agreement, and severability
1. Quality Control: Include when the agreement involves products or services requiring specific quality standards
2. Marketing and Promotion: Add when parties need to specify terms for marketing activities and brand usage
3. Training and Support: Include when one party needs to provide training or ongoing support to the other
4. Insurance: Add when specific insurance requirements need to be maintained by either party
5. Data Protection: Include when personal data processing is involved in the agreement
6. Force Majeure: Add when parties want to specify circumstances beyond their control that excuse performance
7. Non-Solicitation: Include when parties want to prevent poaching of employees or customers
8. Compliance with Laws: Add when specific regulatory compliance requirements need to be addressed
1. Schedule 1 - Services/Products Description: Detailed description of services or products covered by the agreement
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements if applicable
4. Schedule 4 - Technical Specifications: Technical requirements or specifications for products or services
5. Schedule 5 - Approved Territories: List of geographical areas covered by the agreement
6. Schedule 6 - Authorized Representatives: List of key contacts and authorized representatives from each party
7. Appendix A - Required Forms: Standard forms or templates to be used during the agreement term
8. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Retail
Media and Entertainment
Software Development
Healthcare
Education
Telecommunications
Professional Services
E-commerce
Pharmaceuticals
Consumer Goods
Automotive
Financial Services
Relevant Teams
Legal
Business Development
Commercial
Procurement
Sales
Operations
Compliance
Finance
Intellectual Property
Risk Management
Contract Administration
Corporate Affairs
Relevant Roles
Legal Counsel
Business Development Manager
Commercial Director
Procurement Manager
Sales Director
Licensing Manager
Contract Administrator
Chief Executive Officer
Operations Manager
Product Manager
Partnership Manager
Intellectual Property Manager
Compliance Officer
General Manager
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