This Non-Exclusive Perpetual License agreement is essential for situations where long-term, continuous use of intellectual property is required without the need for renewal or renegotiation. It is particularly suitable for software licenses, content distribution, technology transfers, and similar arrangements where multiple licensees may need to use the same intellectual property simultaneously. The document, governed by New Zealand law, includes comprehensive provisions for protecting both parties' interests, defining usage rights, establishing payment terms, and ensuring compliance with relevant regulations. It serves as a crucial tool for businesses and individuals seeking to monetize their intellectual property while maintaining ownership and the right to grant additional licenses. The agreement's perpetual nature provides licensees with business certainty while its non-exclusive character allows licensors to maximize their IP's commercial potential.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Sets out the context of the agreement, including the nature of the intellectual property and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and certainty
4. Grant of License: Specifies the exact nature and scope of the license being granted, including its non-exclusive and perpetual nature
5. License Fee and Payment Terms: Details the financial terms, including initial fees, ongoing royalties if any, and payment methods
6. Intellectual Property Rights: Confirms ownership of IP rights and addresses any improvements or modifications
7. Permitted Use: Specifies how the licensed material may be used, including any territorial or field-of-use restrictions
8. Warranties and Representations: Sets out the warranties given by each party regarding their authority and the licensed material
9. Limitation of Liability: Limits the parties' liability and specifies indemnities
10. Term and Termination: Despite being perpetual, addresses circumstances for termination for breach and the consequences of termination
11. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and entire agreement
1. Quality Control: Required when the licensed material needs to meet specific quality standards or requirements
2. Sub-licensing Rights: Include when the licensee may need to sub-license the material to others
3. Source Code Escrow: For software licenses where source code access might be required in specific circumstances
4. Support and Maintenance: Include when ongoing technical support or maintenance is part of the agreement
5. Data Protection: Required when the licensed material involves personal data processing
6. Export Control: Include when the licensed material may be subject to export control regulations
7. Change Control: Include when the licensed material may need to be modified or updated over time
1. Schedule 1 - Licensed Material: Detailed description of the intellectual property being licensed
2. Schedule 2 - Technical Specifications: Technical details and requirements of the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule 4 - Permitted Use Cases: Specific examples and scenarios of permitted uses of the licensed material
5. Appendix A - Service Level Agreement: If applicable, details of support and maintenance service levels
6. Appendix B - Security Requirements: If applicable, security standards and requirements for using the licensed material
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Media and Entertainment
Manufacturing
Education
Research and Development
Healthcare
Publishing
Telecommunications
Professional Services
Biotechnology
Gaming
Industrial Design
Digital Content
Engineering
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Technology
Research and Development
Operations
Product Development
Compliance
Finance
Procurement
Innovation
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Chief Technology Officer
Business Development Manager
Contract Manager
Commercial Director
Product Manager
Research Director
IP Rights Administrator
General Counsel
Technology Transfer Officer
Software Licensing Specialist
Content Licensing Manager
Operations Manager
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