The Non-Transferable License agreement is a crucial legal instrument used in Indian business operations where one party (licensor) wishes to grant another party (licensee) specific usage rights while maintaining strict control over the licensed property's distribution and use. This document is particularly relevant in scenarios involving software licensing, technology transfer, intellectual property rights, or proprietary business assets. The agreement, governed by Indian law, includes essential elements such as scope of license, usage restrictions, commercial terms, and compliance requirements. It's designed to protect the licensor's interests while providing the licensee with clear parameters for utilizing the licensed property, incorporating provisions that comply with Indian Contract Act, 1872, and relevant IP legislation. The non-transferable nature of the license is explicitly emphasized to prevent any unauthorized transfer or sublicensing of the granted rights.
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1. Parties: Identification of the Licensor and Licensee with their full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the licensed property, and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Specific rights being granted, explicit statement of non-transferability, and scope of permitted use
5. License Restrictions: Clear enumeration of prohibited activities, including transfer, sublicense, or assignment
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. License Fees: Payment terms, fee structure, and payment schedule
8. Licensee Obligations: Specific duties and responsibilities of the licensee in using the licensed property
9. Intellectual Property Rights: Confirmation of IP ownership and protection measures
10. Confidentiality: Protection of confidential information exchanged during the license period
11. Warranties and Representations: Statements about ownership, right to license, and quality of licensed property
12. Limitation of Liability: Limitations on parties' liability and exclusions
13. Indemnification: Mutual or one-way indemnification obligations
14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
15. Notices: Process and addresses for formal communications between parties
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Quality Control: Required for trademark licenses to maintain quality standards of branded products/services
2. Source Code Escrow: For software licenses where source code protection is required
3. Territory Restrictions: When the license is limited to specific geographic regions
4. Performance Requirements: For licenses where minimum performance or sales targets are required
5. Audit Rights: When licensor requires right to audit licensee's use of licensed property
6. Marketing and Promotion: For licenses involving branded products or services requiring specific marketing guidelines
7. Technical Support: When ongoing technical support or maintenance is part of the license
8. Data Protection: When license involves processing of personal data
9. Export Control: For licenses involving technology subject to export regulations
1. Schedule A - Licensed Property: Detailed description of the licensed property, including technical specifications
2. Schedule B - License Fees: Detailed breakdown of fees, payment structure, and calculation methods
3. Schedule C - Technical Requirements: Technical specifications and requirements for using the licensed property
4. Schedule D - Service Levels: Service level commitments if applicable to the licensed property
5. Schedule E - Approved Use Cases: Specific approved uses and examples of prohibited uses
6. Appendix 1 - Contact Details: Key contacts for both parties for various purposes (technical, commercial, legal)
7. Appendix 2 - Reporting Templates: Standard templates for required reporting under the license
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Pharmaceuticals
Biotechnology
Media and Entertainment
Education
Research and Development
Consumer Goods
Industrial Products
Healthcare
Telecommunications
Automotive
Financial Services
Professional Services
Relevant Teams
Legal
Intellectual Property
Business Development
Research and Development
Information Technology
Compliance
Operations
Commercial
Contract Administration
Technology Transfer
Product Development
Corporate Affairs
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Business Development Director
Chief Technology Officer
Contract Administrator
Compliance Officer
Research Director
Product Manager
Technology Transfer Officer
Chief Legal Officer
IP Rights Manager
Commercial Director
Operations Manager
General Counsel
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