This Perpetual Irrevocable License agreement is designed for situations where a permanent, non-terminable license to intellectual property or technology is required under Dutch law. The document is particularly suitable for strategic technology acquisitions, long-term software implementations, or critical IP licensing arrangements where the licensee requires guaranteed continuous access to the licensed materials. The agreement includes comprehensive provisions for IP rights, usage terms, compliance with Dutch and EU regulations, and mechanisms to ensure the irrevocable nature of the license remains enforceable. It's especially relevant in scenarios involving core business technologies, mission-critical systems, or fundamental intellectual property that forms the basis of a business operation. The document structure follows Dutch legal requirements while incorporating international best practices for technology licensing.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, description of the intellectual property being licensed, and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed IP', 'Territory', and 'Field of Use'
4. Grant of License: Clear statement of the perpetual and irrevocable nature of the license, scope of rights granted, and any territorial or field-of-use limitations
5. License Fee: Details of the one-time license fee or ongoing royalties, payment terms, and consequences of non-payment
6. Intellectual Property Rights: Confirmation of ownership rights, protection of IP, and handling of improvements or modifications
7. Warranties and Representations: Warranties regarding ownership of IP, right to grant license, non-infringement of third-party rights
8. Limitations of Liability: Limitations on liability and exclusions of certain types of damages
9. Maintenance and Support: Terms regarding ongoing maintenance and support obligations, if any
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for dispute resolution
1. Quality Control: Required when the license involves trademarks or branding elements that need quality control provisions
2. Sublicensing Rights: Include when the licensee is permitted to sublicense the rights to third parties
3. Export Control: Required when the licensed IP is subject to export control regulations
4. Source Code Escrow: Include for software licenses where source code access might be necessary under certain conditions
5. Data Protection: Required when the licensed product involves processing of personal data
6. Competition Law Compliance: Include when the license terms might have competition law implications
7. Assignment: Include when specific assignment rights or restrictions are necessary
8. Force Majeure: Optional clause for circumstances preventing performance, though limited in scope due to perpetual nature
1. Schedule 1 - Licensed Intellectual Property: Detailed description of all IP being licensed, including registration numbers where applicable
2. Schedule 2 - Technical Specifications: Technical details and specifications of the licensed technology or software
3. Schedule 3 - License Fee Structure: Detailed breakdown of license fees, payment schedules, and calculation methodologies
4. Schedule 4 - Service Level Agreement: Details of any ongoing support or maintenance services
5. Appendix A - Approved Use Cases: Specific examples and descriptions of permitted uses of the licensed IP
6. Appendix B - Quality Control Guidelines: Standards and procedures for quality control if applicable to the licensed IP
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Telecommunications
Healthcare
Automotive
Consumer Electronics
Biotechnology
Financial Services
Media and Entertainment
Relevant Teams
Legal
Information Technology
Intellectual Property
Research and Development
Procurement
Executive Leadership
Risk Management
Compliance
Technology Strategy
Innovation
Relevant Roles
Chief Technology Officer
Head of Legal
IP Counsel
Technology Licensing Manager
Chief Information Officer
Legal Counsel
Contract Manager
Intellectual Property Director
Technology Procurement Manager
Chief Executive Officer
Head of Research and Development
Innovation Director
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