The Non-Transferable License agreement is a crucial legal instrument used in Nigerian business and technology transactions where strict control over intellectual property rights is essential. This document is particularly relevant when a rights holder wishes to grant usage permissions while maintaining tight control over who can exercise these rights. The agreement is structured to comply with Nigerian legal requirements, including the Copyright Act, Contract Law, and technology transfer regulations. It's commonly used in software licensing, technology transfers, patent licensing, and content distribution arrangements where the licensor needs to ensure that the licensed rights remain exclusively with the designated licensee. The document includes comprehensive provisions for protecting intellectual property, establishing payment terms, setting quality standards, and defining precise usage limitations, all while explicitly preventing any transfer or assignment of the license to third parties.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including brief description of the licensed property and purpose
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Specific details of the license being granted, explicitly stating its non-transferable nature
5. Scope of License: Detailed description of permitted uses, territorial limits, and duration of the license
6. License Fees and Payment Terms: Financial terms including license fees, payment schedule, and payment methods
7. Intellectual Property Rights: Declaration of ownership and protection of intellectual property rights
8. Non-Transfer Provision: Explicit provisions prohibiting transfer, assignment, or sublicensing
9. Licensee Obligations: Specific duties and responsibilities of the licensee
10. Quality Control: Standards and requirements for use of the licensed property
11. Confidentiality: Provisions for protecting confidential information
12. Term and Termination: Duration of agreement and circumstances for termination
13. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction details
14. Entire Agreement: Standard boilerplate confirming this as the complete agreement between parties
1. Technical Support and Maintenance: Include when the license involves software or technical products requiring ongoing support
2. Training: Include when the licensed property requires specific training for proper use
3. Export Control: Include when the licensed property may be subject to export regulations
4. Source Code Escrow: Include for software licenses where source code protection is relevant
5. Data Protection: Include when the licensed property involves personal data processing
6. Insurance: Include when specific insurance requirements are needed for high-value or high-risk licenses
7. Force Majeure: Include when specific force majeure provisions are necessary beyond standard terms
1. Schedule A - Licensed Property: Detailed description of the licensed property, including technical specifications
2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule C - Technical Requirements: Technical specifications and requirements for using the licensed property
4. Schedule D - Service Levels: Service level agreements if applicable to the licensed property
5. Schedule E - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed property
6. Appendix 1 - Quality Control Guidelines: Detailed quality control procedures and standards
7. Appendix 2 - Reporting Templates: Standard forms for required reporting under the license
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Education
Research and Development
Media and Entertainment
Healthcare
Biotechnology
Telecommunications
Financial Services
Energy
Automotive
Consumer Goods
Professional Services
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Research and Development
Product Development
Compliance
Operations
Technology
Innovation
Contracts Administration
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Contract Administrator
Business Development Manager
Technology Transfer Officer
Commercial Director
Chief Technology Officer
Innovation Manager
Research Director
Product Manager
Compliance Officer
General Counsel
IP Rights Specialist
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