The Basic License Agreement serves as a crucial legal instrument in Austrian business transactions where intellectual property rights need to be formally licensed between parties. This document is essential when one party wishes to grant another the right to use specific intellectual property, such as patents, trademarks, copyrights, or proprietary technology, while retaining ownership. The agreement, governed by Austrian law, must comply with both the Austrian Civil Code (ABGB) and relevant EU regulations, particularly in areas of intellectual property protection and competition law. It typically includes detailed provisions on license scope, territorial restrictions, payment terms, quality control measures, and termination rights, providing a comprehensive framework for managing the licensing relationship while protecting both parties' interests.
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1. Parties: Identification and details of the licensor and licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the parties' business, and purpose of the license
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Licensed Material', 'Territory', 'Term', and 'Intellectual Property Rights'
4. Grant of License: Explicit description of the rights being granted, including scope, territory, and whether exclusive or non-exclusive
5. Term and Termination: Duration of the license and circumstances under which it can be terminated
6. License Fees: Payment terms, including amount, frequency, and method of payment
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Licensee Obligations: Core responsibilities and restrictions on the licensee's use of the licensed material
9. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
10. Limitation of Liability: Limitations on parties' liability in accordance with Austrian law
11. Confidentiality: Obligations regarding confidential information exchanged during the license relationship
12. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Quality Control: Required when licensing trademarks or where quality standards need to be maintained
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the rights
3. Source Code Escrow: For software licenses where source code protection is needed
4. Data Protection: Required when personal data processing is involved in the license relationship
5. Training and Support: Include when the license includes technical support or training obligations
6. Export Control: Required for international licenses involving controlled technologies
7. Insurance: Include when specific insurance coverage is required for the licensed activities
8. Audit Rights: Include when licensor needs rights to audit licensee's use or revenue reporting
1. Schedule 1 - Licensed Material: Detailed description of the intellectual property being licensed
2. Schedule 2 - Technical Specifications: Technical details and requirements for the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, royalty calculations, and payment terms
4. Schedule 4 - Quality Standards: Specific quality requirements and standards to be maintained
5. Schedule 5 - Territory: Detailed description of geographical areas covered by the license
6. Appendix A - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed material
7. Appendix B - Reporting Templates: Standard forms for required periodic reporting
8. Appendix C - Contact Details: Key contacts and escalation procedures for both parties
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