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Commercial Use Agreement
"I need a Commercial Use Agreement for my software company to license our HR management platform to enterprise clients in New Zealand, with specific clauses for data protection and service level commitments starting from March 2025."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including brief description of the business relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Grant of Rights: Specifies the scope of permitted commercial use, including any territorial or time limitations
5. Payment Terms: Details the fees, payment schedule, and payment methods
6. Term and Termination: Specifies the duration of the agreement and circumstances for termination
7. User Obligations: Outlines the responsibilities and requirements of the commercial user
8. Intellectual Property: Addresses ownership and protection of IP rights
9. Confidentiality: Defines confidential information and obligations regarding its protection
10. Warranties and Representations: States the guarantees and declarations made by each party
11. Limitation of Liability: Sets out the extent and limits of each party's liability
12. Dispute Resolution: Describes the process for resolving disputes between parties
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
14. Execution: Formal signing section with date and party details
1. Service Levels: Include when the commercial use involves specific performance standards or service levels that must be maintained
2. Data Protection: Include when the commercial use involves handling of personal or sensitive data
3. Insurance: Include when specific insurance coverage is required for the commercial use
4. Security Requirements: Include when the commercial use requires specific security measures or protocols
5. Audit Rights: Include when one party requires the right to audit the other's compliance
6. Territory Restrictions: Include when the commercial use is limited to specific geographic regions
7. Marketing Rights: Include when parties need to specify terms for using each other's brands or marketing materials
8. Training and Support: Include when the agreement involves provision of training or ongoing support services
1. Schedule 1 - Commercial Terms: Detailed breakdown of pricing, payment terms, and commercial conditions
2. Schedule 2 - Permitted Use Description: Detailed specification of allowed commercial uses and any restrictions
3. Schedule 3 - Service Levels: Detailed service level requirements and measurements
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for the commercial use
5. Schedule 5 - Support Services: Details of any support services provided
6. Appendix A - Authorized Users: List of authorized users or roles permitted under the agreement
7. Appendix B - Security Standards: Detailed security requirements and compliance standards
8. Appendix C - Form of Reports: Templates or formats for required reporting under the agreement
Authors
Technology and Software
Professional Services
Manufacturing
Retail and Consumer Goods
Media and Entertainment
Financial Services
Healthcare
Education
Telecommunications
Real Estate
Energy and Utilities
Transportation and Logistics
Legal
Commercial
Business Development
Operations
Procurement
Compliance
Sales
Account Management
Partner Relations
Risk Management
Executive Leadership
Legal Counsel
Commercial Manager
Business Development Manager
Operations Director
Chief Executive Officer
Chief Commercial Officer
Contract Manager
Procurement Manager
Licensing Manager
Risk Manager
Compliance Officer
Sales Director
Account Manager
Partner Relations Manager
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