The Non Perpetual License Agreement is essential for businesses and organizations seeking to grant or receive temporary rights to use intellectual property, software, technology, or other assets under Irish law. This document is particularly relevant when the licensor wishes to maintain long-term control over their intellectual property while allowing others to use it for a specific duration. The agreement includes crucial elements such as license scope, duration, payment terms, usage restrictions, and termination rights, all structured to comply with Irish legal requirements including the Copyright and Related Rights Act 2000 and relevant EU regulations. It's commonly used in software licensing, content distribution, technology transfer, and various other commercial contexts where temporary access to proprietary assets is required.
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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 licensed material and purpose
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including territory, duration, and usage rights
5. License Period: Specific terms regarding the duration of the license, renewal provisions, and end date
6. License Fees: Payment terms, fee structure, and payment schedule
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of licensed material
8. Licensor Obligations: Responsibilities of the licensor, including delivery and maintenance obligations
9. Intellectual Property Rights: Affirmation of IP ownership and protection measures
10. Warranties and Representations: Standard warranties regarding ownership, right to license, and quality assurances
11. Limitation of Liability: Limits on parties' liability and exclusions
12. Termination: Grounds for termination, notice periods, and consequences of termination
13. Post-Termination Obligations: Actions required after license termination, including return or destruction of materials
14. Confidentiality: Protection of confidential information exchanged during the license period
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Maintenance and Support: Terms for ongoing support and maintenance, typically included for software licenses
2. Service Levels: Performance standards and metrics, relevant for software or technology licenses
3. Data Protection: GDPR and data protection compliance provisions, required if personal data is processed
4. Source Code Escrow: Provisions for source code protection and access, relevant for software licenses
5. Export Control: Compliance with export regulations, needed for international licensing
6. Training and Implementation: Terms for user training and implementation support, relevant for complex products
7. Audit Rights: Rights to audit licensee's use of licensed material, common in high-value licenses
8. Insurance: Insurance requirements, typically included in high-risk or high-value licenses
1. Schedule 1 - Licensed Material: Detailed description of the licensed intellectual property or products
2. Schedule 2 - License Fees: Detailed breakdown of fees, payment structure, and calculations
3. Schedule 3 - Technical Specifications: Technical details and requirements of the licensed material
4. Schedule 4 - Service Levels: Detailed service level agreements and performance metrics
5. Appendix A - Acceptable Use Policy: Specific rules and guidelines for using the licensed material
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Media and Entertainment
Healthcare
Education
Research and Development
Pharmaceuticals
Biotechnology
Industrial Design
Publishing
Gaming
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Product Management
Operations
Technology
Compliance
Finance
Research and Development
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Commercial Director
Chief Technology Officer
Head of Products
Business Development Manager
Contracts Manager
Chief Legal Officer
IP Rights Administrator
Technology Transfer Officer
Commercial Manager
Operations Director
Chief Executive Officer
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