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Non Transferable License for South Africa

Non Transferable License Template for South Africa

This document is a Non-Transferable License agreement governed by South African law, designed to grant specific usage rights while prohibiting any transfer or assignment of the license to third parties. It incorporates key provisions from South African intellectual property law, including the Copyright Act 98 of 1978 and related legislation, while ensuring compliance with local contract law principles. The agreement provides a comprehensive framework for licensing intellectual property, technology, or proprietary content while maintaining strict control over its use and distribution, with specific provisions for termination, compliance monitoring, and dispute resolution under South African jurisdiction.

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Non Transferable License

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What is a Non Transferable License?

This Non-Transferable License agreement is essential for businesses and organizations operating in South Africa who wish to grant specific usage rights while maintaining strict control over their intellectual property. The document is particularly relevant when the licensor needs to ensure that the licensed material cannot be redistributed, assigned, or transferred to any third party without explicit authorization. It incorporates provisions compliant with South African legislation, including the Copyright Act, Consumer Protection Act, and Electronic Communications and Transactions Act where applicable. The agreement is commonly used for software licensing, proprietary technology transfers, content licensing, and other scenarios where controlled distribution of intellectual property is crucial. It includes comprehensive sections on usage restrictions, compliance monitoring, and enforcement mechanisms specific to the South African legal framework.

What sections should be included in a Non Transferable License?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement, nature of the licensed material, and the parties' intention to enter into a non-transferable license arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Licensed Material', 'Intellectual Property Rights', 'Territory', and 'Term'

4. Grant of License: Explicit terms of the license grant, emphasizing its non-transferable nature and specific permitted uses

5. License Restrictions: Clear outline of prohibited activities, including transfer, assignment, or sublicensing

6. Term and Termination: Duration of the license and circumstances under which it may be terminated

7. Payment Terms: License fees, payment schedule, and any recurring charges

8. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights

9. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement

10. Limitation of Liability: Limitations on liability and exclusions of certain types of damages

11. Confidentiality: Obligations regarding confidential information exchanged under the agreement

12. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes

What sections are optional to include in a Non Transferable License?

1. Support and Maintenance: Terms for technical support and maintenance if applicable to the licensed material

2. Updates and New Versions: Rights and procedures regarding updates or new versions of the licensed material

3. Quality Control: Quality standards and monitoring procedures for use of the licensed material

4. Insurance: Insurance requirements if relevant to the licensed material or its use

5. Data Protection: Compliance with POPIA if personal information is processed

6. Export Control: Export restrictions if the licensed material is subject to export control regulations

7. Source Code Escrow: Escrow arrangements if software source code is involved

8. Training: Training provisions if required for proper use of the licensed material

What schedules should be included in a Non Transferable License?

1. Schedule 1 - Licensed Material: Detailed description of the licensed material, including technical specifications

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

3. Schedule 3 - Technical Requirements: Technical specifications or requirements for using the licensed material

4. Schedule 4 - Service Levels: Service level agreements if applicable

5. Schedule 5 - Approved Users: List of authorized users or user categories if access is restricted

6. Appendix A - Usage Guidelines: Detailed guidelines for acceptable use of the licensed material

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

South Africa

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






























Clauses





























Relevant Industries

Technology and Software

Media and Entertainment

Manufacturing

Pharmaceuticals

Research and Development

Education

Healthcare

Telecommunications

Biotechnology

Financial Services

Professional Services

Gaming and Interactive Entertainment

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Compliance

Research and Development

Product Development

Information Technology

Risk Management

Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Manager

Commercial Director

Chief Technology Officer

Business Development Manager

Contracts Manager

Compliance Officer

Chief Legal Officer

IP Rights Administrator

Technology Transfer Officer

Product Manager

Innovation Director

Research Director

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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