Non Commercial Use License for Australia

Non Commercial Use License Template for Australia

This document is an Australian law-governed Non-Commercial Use License agreement that establishes the terms and conditions under which intellectual property can be used for non-commercial purposes. It provides a comprehensive framework for protecting the rights of the intellectual property owner while enabling specified use by third parties for non-profit, educational, research, or personal purposes. The agreement incorporates relevant provisions of Australian intellectual property law, consumer protection legislation, and contract law principles to ensure legal compliance and enforceability within the Australian jurisdiction.

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What is a Non Commercial Use License?

The Non-Commercial Use License agreement is designed for situations where intellectual property owners wish to permit the use of their property for non-commercial purposes while maintaining their ownership rights and control over commercial exploitation. This document type is commonly used in Australia for sharing intellectual property in academic, research, creative, and educational contexts. It includes specific provisions aligned with Australian intellectual property law, including the Copyright Act 1968 (Cth) and related legislation. The agreement outlines permitted uses, restrictions, attribution requirements, and termination conditions. It's particularly relevant when organizations or individuals want to contribute to public knowledge or community benefit while protecting their intellectual property rights from unauthorized commercial exploitation.

What sections should be included in a Non Commercial Use License?

1. Parties: Identifies and provides details of the licensor and licensee

2. Background: Explains the context of the agreement, including the nature of the licensed material and purpose of the license

3. Definitions: Defines key terms used throughout the agreement

4. Grant of License: Specifies the exact rights being granted and explicitly states the non-commercial nature of the license

5. Restrictions on Use: Clearly outlines what the licensee cannot do with the licensed material

6. Intellectual Property Rights: Confirms the licensor's ownership and protection of IP rights

7. Term and Termination: Specifies the duration of the license and circumstances for termination

8. Warranties and Disclaimers: Sets out the limited warranties provided and appropriate disclaimers

9. Limitation of Liability: Limits the licensor's liability within the bounds of Australian law

10. General Provisions: Includes standard boilerplate clauses such as governing law, notices, and entire agreement

What sections are optional to include in a Non Commercial Use License?

1. Attribution Requirements: Include when the license requires specific attribution or acknowledgment of the licensor

2. Technical Requirements: Include when the licensed material has specific technical requirements or compatibility needs

3. Security Requirements: Include when the licensed material requires specific security measures or protocols

4. Privacy and Data Protection: Include when the use of the licensed material involves collecting or processing personal data

5. Geographic Restrictions: Include when the license needs to be limited to specific geographic regions

6. Reporting Requirements: Include when the licensee needs to report on usage or provide periodic updates

7. Modification Rights: Include when addressing whether and how the licensee can modify the licensed material

What schedules should be included in a Non Commercial Use License?

1. Schedule 1 - Licensed Material: Detailed description of the material being licensed, including version numbers if applicable

2. Schedule 2 - Acceptable Use Policy: Detailed guidelines for acceptable non-commercial use of the licensed material

3. Schedule 3 - Technical Specifications: Technical details, system requirements, or compatibility specifications if relevant

4. Appendix A - Attribution Guidelines: Specific requirements and formats for attribution if required

5. Appendix B - Report Templates: Templates for any required usage reports or documentation

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

Cost

Free to use
Relevant Industries

Education

Research & Development

Creative Arts

Software Development

Publishing

Media & Entertainment

Non-Profit

Technology

Healthcare

Academic Research

Cultural Institutions

Relevant Teams

Legal

Intellectual Property

Research & Development

Content Creation

Software Development

Academic Affairs

Innovation

Business Development

Community Engagement

Corporate Communications

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Manager

Research Director

Content Manager

Software Developer

Academic Researcher

Creative Director

Licensing Manager

Copyright Officer

Innovation Manager

Business Development Manager

Community Engagement Officer

Educational Program 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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