This document serves as a Non-Exclusive Perpetual License agreement under Canadian jurisdiction, essential for businesses and individuals seeking to establish long-term licensing arrangements without requiring renewal. It is particularly valuable when the licensor wishes to retain the right to license the same material to multiple parties while providing licensees with permanent usage rights. The agreement comprehensively addresses intellectual property rights, usage terms, compliance requirements, and obligations of both parties under Canadian federal and provincial laws. It is commonly used for software licensing, content distribution, technology transfer, and other scenarios requiring perpetual access to intellectual property while maintaining the licensor's ownership rights.
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1. Parties: Identification and details of the licensor and licensee, including registered addresses and company information
2. Background: Context of the agreement, including brief description of the licensed material and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Core terms of the non-exclusive perpetual license, including scope and territory
5. License Fees: Payment terms, including initial fees and any ongoing royalties or maintenance fees
6. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the licensed material
8. Licensor Obligations: Responsibilities of the licensor, including any support or maintenance obligations
9. Representations and Warranties: Standard warranties regarding ownership, non-infringement, and authority to license
10. Limitation of Liability: Limitations on parties' liability and exclusions of certain types of damages
11. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
12. Confidentiality: Obligations regarding confidential information exchanged under the agreement
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Source Code Escrow: Required if the license involves software and source code protection is needed
2. Data Protection: Required if personal data processing is involved in the licensed material
3. Quality Control: Needed if the licensed material involves trademarks or branding requirements
4. Sublicensing Rights: Include if sublicensing is permitted under specific conditions
5. Support and Maintenance: Detailed support terms if ongoing technical support is provided
6. Training: Include if the licensor will provide training on the licensed material
7. Export Control: Required if the licensed material is subject to export regulations
8. Insurance: Include if specific insurance requirements are needed for high-risk licenses
1. Schedule A - Licensed Material: Detailed description and specifications of the licensed material
2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule C - Technical Requirements: Technical specifications and requirements for using the licensed material
4. Schedule D - Service Levels: Service level agreements if ongoing support is provided
5. Schedule E - Approved Sublicensees: List of pre-approved sublicensees if applicable
6. Appendix 1 - Usage Guidelines: Detailed guidelines for acceptable use of the licensed material
7. Appendix 2 - Support Procedures: Procedures for requesting and receiving technical support
Relevant legal definitions
Agreement
Affiliate
Background IP
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Improvements
Intellectual Property Rights
License
Licensed Material
Maintenance Services
Modifications
Object Code
Permitted Purpose
Permitted Users
Personal Data
Related Materials
Service Levels
Source Code
Specifications
Support Services
Technical Requirements
Territory
Third Party Components
Updates
Upgrades
User
Working Hours
Affiliate
Background IP
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Improvements
Intellectual Property Rights
License
Licensed Material
Maintenance Services
Modifications
Object Code
Permitted Purpose
Permitted Users
Personal Data
Related Materials
Service Levels
Source Code
Specifications
Support Services
Technical Requirements
Territory
Third Party Components
Updates
Upgrades
User
Working Hours
Clauses
License Grant
Intellectual Property Rights
Payment
Warranties
Representations
Liability
Indemnification
Confidentiality
Data Protection
Term and Duration
Termination
Force Majeure
Assignment
Sublicensing
Usage Rights
Technical Support
Maintenance
Quality Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Competition
Export Control
Insurance
Audit Rights
Compliance with Laws
Third Party Rights
Survival
Intellectual Property Rights
Payment
Warranties
Representations
Liability
Indemnification
Confidentiality
Data Protection
Term and Duration
Termination
Force Majeure
Assignment
Sublicensing
Usage Rights
Technical Support
Maintenance
Quality Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Competition
Export Control
Insurance
Audit Rights
Compliance with Laws
Third Party Rights
Survival
Relevant Industries
Technology
Software Development
Media and Entertainment
Publishing
Education
Healthcare
Financial Services
Manufacturing
Telecommunications
Research and Development
Gaming
Biotechnology
Professional Services
Relevant Teams
Legal
Compliance
Intellectual Property
Business Development
Product Development
Information Technology
Research and Development
Procurement
Operations
Finance
Risk Management
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Contract Administrator
Technology Director
Chief Technology Officer
Chief Legal Officer
Business Development Manager
Product Manager
Compliance Officer
Software Development Manager
Content Licensing Director
IP Rights Administrator
General Counsel
Commercial Director
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