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Non Exclusive Commercial License

Non Exclusive Commercial License Template for Austria

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Key Requirements PROMPT example:

Non Exclusive Commercial License

"I need a Non Exclusive Commercial License Agreement under Austrian law for licensing our proprietary software to multiple enterprise customers, with quarterly royalty payments of 8% of net sales and the right to sublicense in EU countries only."

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Document background
The Non-Exclusive Commercial License Agreement is essential for businesses operating in Austria who wish to monetize their intellectual property, technology, or other assets while maintaining the flexibility to grant similar rights to multiple users. This document is particularly relevant when the licensor wants to maximize commercial opportunities by licensing to multiple parties while retaining ownership and control of their assets. The agreement must comply with Austrian legal requirements, including the ABGB, UGB, and relevant intellectual property laws. It typically includes detailed provisions on usage rights, territory restrictions, quality control, payment terms, and compliance with Austrian commercial regulations. This type of agreement is commonly used for software licensing, technology transfer, brand licensing, and other commercial arrangements where exclusive rights are not required or desired.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names, registration details, and addresses

2. Background: Context of the agreement, description of the licensed property, and parties' authority to enter into the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of License: Specific terms of the non-exclusive license, including scope, territory, and permitted uses

5. License Fee and Payment Terms: Financial terms, payment schedule, currency, and payment methods

6. Duration and Term: Initial term, renewal options, and termination dates

7. Licensor's Obligations: Responsibilities of the licensor, including delivery of materials and technical support if applicable

8. Licensee's Obligations: Responsibilities and restrictions on the licensee's use of the licensed property

9. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

10. Quality Control: Standards and requirements for use of the licensed property

11. Representations and Warranties: Standard warranties regarding ownership, authority, and non-infringement

12. Limitation of Liability: Limitations on parties' liability in accordance with Austrian law

13. Termination: Grounds for termination, notice requirements, and consequences of termination

14. Confidentiality: Protection of confidential information exchanged during the license period

15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Sublicensing Rights: Include when licensee is permitted to sublicense the licensed property to third parties

2. Territory Restrictions: Include when the license is limited to specific geographic regions

3. Minimum Performance Requirements: Include when the license requires minimum sales or usage levels

4. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

5. Source Code Escrow: Include for software licenses where source code access may be required

6. Data Protection: Include when personal data processing is involved in the license arrangement

7. Export Control: Include when licensed property may be subject to export restrictions

8. Insurance Requirements: Include when specific insurance coverage is required for the licensed activities

9. Audit Rights: Include when licensor requires right to audit licensee's use or payments

10. Competition Law Compliance: Include when license terms need specific competition law considerations

Suggested Schedules

1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including technical specifications or drawings

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

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

4. Schedule 4 - Quality Control Standards: Detailed quality control requirements and procedures

5. Schedule 5 - Support Services: Description of any technical support or maintenance services included

6. Appendix A - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed property

7. Appendix B - Trademark Usage Guidelines: Guidelines for proper use of any licensed trademarks or branding

8. Appendix C - Territory Map: Visual representation of licensed territory if geographically restricted

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Authorized Purpose
Background IP
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Force Majeure Event
Improvements
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Property
Licensed Territory
Licensee
Licensor
Net Sales
Patent Rights
Permitted Use
Quality Standards
Renewal Term
Royalty
Sublicense
Technical Information
Term
Third Party
Trademarks
Trade Secrets
Updates
Working Day
Year
Gross Revenue
Reporting Period
Support Services
Specifications
Material Breach
Regulatory Approvals
Field of Use
Clauses
Interpretation
License Grant
Exclusions
Term and Duration
Payment
Royalties
Intellectual Property Rights
Use Restrictions
Quality Control
Technical Support
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Termination
Post-Termination
Audit Rights
Compliance
Competition Law
Export Control
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Representations
Territory Restrictions
Reporting
Records Maintenance
Performance Requirements
Marketing Requirements
Sublicensing
Insurance
Regulatory Compliance
Further Assurance
Waiver
Relevant Industries

Technology & Software

Manufacturing

Pharmaceuticals & Healthcare

Media & Entertainment

Retail & Consumer Goods

Telecommunications

Automotive

Biotechnology

Industrial Equipment

Fashion & Luxury Goods

Energy & Utilities

Professional Services

Relevant Teams

Legal

Commercial

Business Development

Intellectual Property

Sales

Operations

Compliance

Research & Development

Strategy

Product Management

Finance

Corporate Development

Relevant Roles

Legal Counsel

Commercial Director

Licensing Manager

Business Development Manager

Intellectual Property Manager

Contract Administrator

Chief Technology Officer

Chief Legal Officer

Compliance Officer

Product Manager

Sales Director

Operations Manager

Innovation Director

Strategy Manager

Partner (Law Firm)

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contract formation, validity, interpretation, and general obligations between parties
Austrian Commercial Code (UGB): Regulates commercial transactions and business relationships between merchants, including specific provisions for commercial contracts
Austrian Copyright Act (Urheberrechtsgesetz): Governs intellectual property rights and their transfer or licensing, particularly relevant for software, creative works, and other IP-related licenses
Austrian Patent Act (Patentgesetz): Relevant if the license involves patented technology or inventions
Austrian Trademark Act (Markenschutzgesetz): Applicable if the license includes the use of trademarks or brand-related elements
Austrian Cartel Act (Kartellgesetz): Ensures the license agreement complies with competition law and doesn't create illegal market restrictions
Austrian Consumer Protection Act (KSchG): May be relevant if one party qualifies as a consumer under Austrian law
Austrian Data Protection Act (DSG): Important if the license involves the processing or transfer of personal data
Austrian E-Commerce Act (ECG): Applicable if the license agreement is concluded electronically or involves digital content
Value Added Tax Act (Umsatzsteuergesetz): Governs the tax treatment of license fees and royalty payments
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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