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Commercial Use Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
A Commercial Use Agreement is essential when one party wishes to grant another party the right to use their assets, products, services, or intellectual property for commercial purposes in New Zealand. This agreement type is commonly used across various industries and business relationships, providing a structured framework for commercial arrangements while ensuring compliance with New Zealand law. The document addresses critical aspects such as scope of use, payment terms, intellectual property rights, confidentiality, and liability limitations. It incorporates requirements from key New Zealand legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020, making it suitable for both domestic and international business relationships where New Zealand law governs the arrangement.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































Clauses
































Relevant Industries

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

Relevant Teams

Legal

Commercial

Business Development

Operations

Procurement

Compliance

Sales

Account Management

Partner Relations

Risk Management

Executive Leadership

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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