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Master Licence Agreement for New Zealand

Master Licence Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which one party (the licensor) grants another party (the licensee) the right to use specific intellectual property, software, technology, or other proprietary assets. The agreement covers essential elements including license scope, payment terms, intellectual property rights, warranties, and liabilities, while ensuring compliance with New Zealand's commercial and intellectual property laws. It serves as the primary framework for ongoing licensing relationships and can accommodate multiple products or services under a single master agreement structure.

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What is a Master Licence Agreement?

The Master Licence Agreement is designed for use in New Zealand when establishing a comprehensive licensing relationship between a provider of intellectual property, software, or technology and its commercial users. This agreement serves as an umbrella framework under which specific licenses can be granted through schedules or addenda, streamlining the contracting process for multiple products or services. It incorporates provisions compliant with New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant intellectual property legislation. The document is particularly valuable for ongoing licensing relationships where flexibility and scalability are required, providing a foundation for future licensing arrangements while maintaining consistent terms and conditions.

What sections should be included in a Master Licence Agreement?

1. Parties: Identifies and provides full legal details of the licensor and licensee

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Grant of License: Specifies the scope, nature, and limitations of the license granted

5. License Fees and Payment Terms: Details the financial terms, payment schedule, and related obligations

6. Intellectual Property Rights: Establishes ownership and protection of IP rights

7. Term and Termination: Specifies duration, renewal terms, and termination circumstances

8. Confidentiality: Defines confidential information and obligations to protect it

9. Warranties and Representations: Sets out warranties provided by each party

10. Limitation of Liability: Defines the extent and limitations of parties' liabilities

11. Indemnification: Specifies indemnification obligations of both parties

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Master Licence Agreement?

1. Source Code Escrow: Required when software source code needs to be held in escrow for licensee protection

2. Data Protection: Necessary when personal data processing is involved in the licensed activities

3. Support and Maintenance: Include when ongoing technical support and maintenance services are part of the agreement

4. Service Levels: Required when specific performance metrics need to be maintained

5. Export Control: Include when licensed materials may be subject to export control regulations

6. Disaster Recovery: Necessary when business continuity requirements are critical

7. Change Control: Include when formal processes for changes to licensed materials are needed

8. Sub-licensing Rights: Required when licensee needs rights to sub-license to third parties

9. Territory Restrictions: Include when license is restricted to specific geographic regions

10. Audit Rights: Necessary when licensor requires rights to audit licensee's use of licensed materials

What schedules should be included in a Master Licence Agreement?

1. Schedule 1 - Licensed Materials: Detailed description of all materials covered by the license

2. Schedule 2 - License Fees: Detailed breakdown of all fees, payment terms, and calculations

3. Schedule 3 - Technical Specifications: Technical details and requirements of licensed materials

4. Schedule 4 - Service Levels: Detailed service level requirements and measurements

5. Schedule 5 - Support Services: Description of support and maintenance services

6. Appendix A - Authorized Users: List of authorized users or user categories

7. Appendix B - Approved Sub-licensees: List of approved sub-licensees if applicable

8. Appendix C - Security Requirements: Detailed security requirements and protocols

9. Appendix D - Implementation Plan: Timeline and milestones for implementation

10. Appendix E - Territory Definition: Detailed description of licensed territory if geographically restricted

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






































Clauses








































Relevant Industries

Information Technology

Software Development

Telecommunications

Financial Services

Healthcare

Manufacturing

Professional Services

Media and Entertainment

Education

Retail

Biotechnology

Energy and Utilities

Relevant Teams

Legal

Commercial

Procurement

Information Technology

Finance

Risk and Compliance

Intellectual Property

Business Development

Operations

Product Development

Relevant Roles

Legal Counsel

Licensing Manager

Commercial Director

Chief Technology Officer

IP Manager

Contract Manager

Procurement Manager

Business Development Manager

Software Development Manager

Product Manager

Chief Financial Officer

Risk Manager

Compliance Officer

Technology Director

Operations 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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