This Commercial Licensing Agreement template is designed for use in New Zealand business contexts where one party (licensor) wishes to grant another party (licensee) the right to use specific intellectual property, technology, or proprietary assets. The document is structured to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant intellectual property legislation. It is particularly useful for businesses engaging in technology transfer, software licensing, brand licensing, or any scenario requiring formal permission to use proprietary assets. The agreement includes comprehensive provisions for protecting intellectual property rights, establishing commercial terms, ensuring quality control, and defining the parameters of the licensed rights, while incorporating necessary safeguards and compliance measures specific to New Zealand's commercial environment.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the scope, nature, and limitations of the license granted
5. License Fees and Payment Terms: Details the financial terms, payment schedule, and related obligations
6. Term and Termination: Specifies the duration of the agreement and circumstances for termination
7. Intellectual Property Rights: Clarifies ownership and protection of intellectual property
8. Confidentiality: Establishes obligations regarding confidential information
9. Warranties and Representations: States the promises and guarantees made by each party
10. Limitations of Liability: Defines the extent and limits of each party's liability
11. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Quality Control: Required when the license involves branded products or services requiring specific quality standards
2. Territory Restrictions: Needed when the license is limited to specific geographic areas
3. Sub-licensing Rights: Include when the licensee may have rights to sub-license
4. Performance Requirements: Required when the license includes minimum sales or usage targets
5. Source Code Escrow: Relevant for software licensing agreements
6. Technical Support and Maintenance: Include when ongoing support is part of the license
7. Data Protection: Required when the licensed product involves personal data processing
8. Export Control: Needed for licenses involving international trade or restricted technologies
1. Schedule 1 - Licensed IP: Detailed description of the intellectual property being licensed
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, royalties, and payment terms
3. Schedule 3 - Technical Specifications: Technical details of the licensed product or technology
4. Schedule 4 - Service Levels: Performance standards and metrics if applicable
5. Schedule 5 - Approved Use Cases: Specific permitted uses of the licensed material
6. Schedule 6 - Territory Definition: Detailed description of geographic territories if applicable
7. Appendix A - Brand Guidelines: Guidelines for using licensed brands or trademarks
8. Appendix B - Support Services: Details of technical support and maintenance services if included
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing
Media & Entertainment
Pharmaceuticals & Healthcare
Retail & Consumer Goods
Professional Services
Education & Training
Research & Development
Telecommunications
Biotechnology
Relevant Teams
Legal
Commercial
Intellectual Property
Business Development
Finance
Operations
Research and Development
Compliance
Risk Management
Information Technology
Product Development
Relevant Roles
Legal Counsel
Commercial Director
Licensing Manager
Intellectual Property Manager
Business Development Manager
Chief Technology Officer
Contract Administrator
Compliance Officer
Chief Financial Officer
Operations Manager
Product Manager
Research and Development Director
Chief Executive Officer
Risk Manager
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