The Limited License Agreement is essential for businesses and individuals seeking to grant controlled access to their intellectual property while maintaining ownership rights. This document type is commonly used in Austria and must comply with Austrian civil law (ABGB), copyright law (Urheberrechtsgesetz), and related regulations. It is particularly relevant when the licensor wishes to maintain strict control over how their intellectual property is used, setting specific limitations on duration, territory, or scope of use. The Limited License Agreement typically includes detailed terms about usage rights, restrictions, payment structures, and termination conditions, making it suitable for software licensing, content distribution, technology transfer, and other scenarios where controlled IP usage is crucial.
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1. Parties: Identification and details of the licensor and licensee, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the intellectual property being licensed
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including any territorial restrictions and whether exclusive or non-exclusive
5. License Fees and Payment Terms: Financial terms, payment schedule, and payment methods
6. Duration and Termination: Term of the license, renewal provisions, and circumstances for termination
7. Licensee's Obligations: Key responsibilities and restrictions on the licensee's use of the licensed material
8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
9. Warranties and Representations: Standard warranties regarding ownership and right to license
10. Limitation of Liability: Limits on liability and indemnification provisions
11. Confidentiality: Protection of confidential information exchanged during the license period
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Quality Control: Required when licensing trademarks or when quality standards must be maintained
2. Source Code Escrow: For software licenses where source code protection is required
3. Data Protection: Required when personal data processing is involved in the licensed activities
4. Support and Maintenance: When ongoing technical support or maintenance services are included
5. Sub-licensing Rights: When the licensee is permitted to sub-license the intellectual property
6. Export Control: For licenses involving international usage or technology transfer
7. Insurance Requirements: When specific insurance coverage is required for the licensed activities
8. Change Control: For licenses requiring formal processes for changes or modifications
1. Schedule 1 - Licensed Material: Detailed description of the intellectual property being licensed
2. Schedule 2 - Technical Specifications: Technical details and requirements for the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
4. Schedule 4 - Service Levels: Performance standards and metrics if applicable
5. Appendix A - Approved Use Cases: Specific approved uses of the licensed material
6. Appendix B - Territory Definition: Detailed description of geographical areas covered by the license
7. Appendix C - Required Notices: Copyright and other notices that must be displayed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Media and Entertainment
Manufacturing
Education
Research and Development
Healthcare
Pharmaceuticals
Industrial Design
Publishing
Biotechnology
Gaming
Relevant Teams
Legal
Intellectual Property
Business Development
Commercial
Research and Development
Product Management
Innovation
Licensing
Compliance
Technology Transfer
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Business Development Manager
Contract Manager
Technology Transfer Officer
IP Rights Administrator
Commercial Director
Chief Legal Officer
Chief Technology Officer
Software Licensing Manager
Content Licensing Director
Research and Development Director
Product Manager
Innovation Manager
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