The Technology Licensing Agreement serves as a crucial legal framework for organizations seeking to monetize their technological innovations or acquire rights to use others' technologies. This document is essential when a technology owner wishes to grant another party the right to use, modify, or commercialize their proprietary technology while retaining ownership. Under Dutch law, this agreement must comply with specific requirements of the Dutch Civil Code (Burgerlijk Wetboek) and relevant EU regulations, particularly concerning intellectual property rights, competition law, and data protection. The agreement typically covers various critical aspects including license scope, territorial restrictions, royalty structures, quality control measures, confidentiality provisions, and liability limitations. It's particularly relevant for cross-border technology transfers and can be adapted for various types of technology, from software to industrial processes.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including brief description of the technology and purpose of the license
3. Definitions: Detailed definitions of technical terms, licensed technology, and other key concepts used in the agreement
4. Grant of License: Scope of license, territory, exclusivity/non-exclusivity, and field of use restrictions
5. License Fees and Payment Terms: Royalties, payment schedule, reporting requirements, and audit rights
6. Intellectual Property Rights: Ownership of IP, improvements, and derivative works
7. Confidentiality: Protection of confidential information and trade secrets
8. Quality Control: Quality standards, testing requirements, and acceptance criteria
9. Warranties and Representations: Standard warranties regarding ownership, non-infringement, and technology performance
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Term and Termination: Duration, renewal options, and termination rights
12. Post-Termination Obligations: Rights and obligations that survive termination
13. General Provisions: Standard boilerplate including governing law, dispute resolution, and notice requirements
1. Technical Support and Maintenance: Terms for ongoing support, updates, and maintenance - include if support services are part of the license
2. Training: Training obligations and requirements - include if licensee requires training to use the technology
3. Sublicensing Rights: Terms for sublicensing - include if sublicensing is permitted
4. Source Code Escrow: Source code escrow arrangements - include for software licenses where source code access may be required
5. Export Control: Export control compliance - include if technology is subject to export restrictions
6. Localization: Requirements for localization or translation - include if technology needs to be adapted for local markets
7. Hardware Requirements: Hardware specifications and requirements - include if technology requires specific hardware
8. Data Protection: GDPR and data protection compliance - include if technology processes personal data
9. Change Control: Procedures for implementing changes - include if technology requires frequent updates or modifications
1. Schedule 1 - Licensed Technology: Detailed technical specifications and description of the licensed technology
2. Schedule 2 - License Fees: Detailed pricing structure, royalty calculations, and payment terms
3. Schedule 3 - Technical Requirements: Technical requirements, performance specifications, and compatibility requirements
4. Schedule 4 - Service Levels: Service level agreements and performance metrics
5. Schedule 5 - Support Services: Description of support and maintenance services
6. Schedule 6 - Acceptance Testing: Acceptance testing procedures and criteria
7. Appendix A - Contact Details: Key contacts for both parties for various aspects of the agreement
8. Appendix B - Reporting Templates: Templates for required reports such as royalty calculations and usage reports
Find the exact document you need
Technology Licensing Agreement
A Dutch law-governed agreement establishing terms for licensing proprietary technology, including usage rights, payments, and compliance requirements.
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Dutch-law agreement for transferring technology and related IP rights between parties, incorporating Dutch and EU regulatory requirements.
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