The Third Party License Agreement is essential for businesses seeking to formally license their intellectual property rights to third parties under Austrian jurisdiction. This document is particularly crucial when organizations need to establish clear terms for the use of their intellectual property, whether it's software, patents, trademarks, or other proprietary content. The agreement, governed by Austrian law, must comply with both national legislation (including the Austrian Civil Code - ABGB) and relevant EU regulations, particularly concerning intellectual property rights, data protection, and consumer protection. The document typically includes detailed provisions on license scope, territory restrictions, quality control measures, payment terms, and compliance requirements. It's designed to protect the interests of both the licensor and licensee while ensuring proper commercial exploitation of the licensed intellectual property.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the licensed material
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including any territorial restrictions
5. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Use Restrictions: Specific limitations and prohibited uses of the licensed material
8. Maintenance and Support: Terms regarding ongoing support and updates
9. Confidentiality: Protection of confidential information exchanged between parties
10. Term and Termination: Duration of the agreement and termination provisions
11. Warranties and Indemnities: Warranties provided and indemnification obligations
12. Liability Limitations: Limitations and exclusions of liability
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensing software
2. Data Protection: GDPR compliance terms, required if personal data processing is involved
3. Quality Control: Quality standards and monitoring provisions, relevant for manufacturing licenses
4. Export Control: Export compliance terms, needed for international licensing
5. Anti-Corruption: Anti-bribery and corruption provisions, particularly important for international deals
6. Insurance: Insurance requirements, important for high-value or high-risk licenses
7. Sublicensing Rights: Terms governing the right to sublicense, if permitted
8. Performance Metrics: Specific performance requirements and measurement criteria
1. Schedule 1 - Licensed Material: Detailed description of the licensed intellectual property
2. Schedule 2 - Technical Specifications: Technical details and requirements of the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
4. Schedule 4 - Service Level Agreement: Specific service levels and support terms if applicable
5. Schedule 5 - Approved Sub-licensees: List of approved sub-licensees if sublicensing is permitted
6. Appendix A - Acceptance Testing: Testing procedures and acceptance criteria
7. Appendix B - Security Requirements: Security standards and protocols to be followed
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