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.
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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
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
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
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
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