The Non-Exclusive License Agreement is a crucial legal instrument in the Swiss business landscape, designed for situations where intellectual property owners wish to monetize their IP assets while retaining the flexibility to grant similar rights to multiple users. This document is particularly relevant in today's innovation-driven economy, where sharing intellectual property rights while maintaining control is increasingly important. Governed by Swiss law, including the Swiss Code of Obligations and relevant IP legislation, this agreement type provides a robust framework for licensing arrangements across various industries. It typically includes detailed provisions on usage rights, territorial restrictions, quality control, payment terms, and compliance requirements. The non-exclusive nature makes it especially suitable for licensors looking to maximize their IP's commercial potential through multiple licensing arrangements while maintaining legal certainty under Swiss jurisdiction.
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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 IP, and parties' objectives
3. Definitions: Defined terms used throughout the agreement, including Licensed IP, Territory, Field of Use, and other key terms
4. Grant of License: Scope of the non-exclusive license, permitted uses, and any territorial or field-of-use restrictions
5. License Fees and Payment Terms: Financial terms including license fees, royalties, payment schedule, and reporting requirements
6. IP Ownership and Protection: Confirmation of IP ownership, protection obligations, and handling of improvements or modifications
7. Quality Control: Standards for using the licensed IP and quality assurance requirements
8. Representations and Warranties: Parties' assertions regarding IP ownership, right to license, and compliance with laws
9. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
10. Post-Termination Obligations: Obligations and rights of parties after agreement termination
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
1. Sublicensing Rights: Include when licensee is permitted to sublicense the IP to third parties
2. Technical Support and Training: Include when licensor provides technical assistance or training
3. Source Code Escrow: Include for software licenses where source code access may be required
4. Export Control: Include when licensed IP is subject to export regulations
5. Data Protection: Include when personal data processing is involved
6. Insurance Requirements: Include when specific insurance coverage is required
7. Change Control: Include when formal processes for changes to licensed IP are needed
8. Audit Rights: Include when licensor requires right to audit licensee's use or royalty calculations
1. Schedule 1 - Licensed IP: Detailed description of all IP being licensed, including registration numbers
2. Schedule 2 - Technical Specifications: Technical details and requirements for the licensed IP
3. Schedule 3 - Quality Standards: Specific quality control requirements and standards
4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
5. Schedule 5 - Approved Uses: Specific approved uses and any restrictions on use of the licensed IP
6. Appendix A - Reporting Templates: Templates for required periodic reports and royalty calculations
7. Appendix B - Support Services: Details of any technical support or maintenance services provided
Relevant legal definitions
Agreement
Affiliate
Background IP
Commencement Date
Confidential Information
Documentation
Effective Date
Field of Use
Foreground IP
Gross Sales
Improvements
Initial Term
Intellectual Property Rights
Know-How
Licensed IP
Licensed Products
Licensed Technology
License Fees
Net Sales
Patent Rights
Purpose
Quarter
Renewal Term
Royalties
Subsidiary
Technical Information
Territory
Term
Trade Secrets
Trademarks
Working Day
Year
Affiliate
Background IP
Commencement Date
Confidential Information
Documentation
Effective Date
Field of Use
Foreground IP
Gross Sales
Improvements
Initial Term
Intellectual Property Rights
Know-How
Licensed IP
Licensed Products
Licensed Technology
License Fees
Net Sales
Patent Rights
Purpose
Quarter
Renewal Term
Royalties
Subsidiary
Technical Information
Territory
Term
Trade Secrets
Trademarks
Working Day
Year
Clauses
Definitions
Grant of License
Scope of License
License Fees
Royalties
Payment Terms
Quality Control
IP Protection
IP Ownership
Confidentiality
Warranties
Representations
Term
Termination
Force Majeure
Assignment
Sub-licensing
Reporting
Audit Rights
Technical Support
Maintenance
Improvements
Competition
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendment
Data Protection
Export Control
Insurance
Indemnification
Liability Limitation
Grant of License
Scope of License
License Fees
Royalties
Payment Terms
Quality Control
IP Protection
IP Ownership
Confidentiality
Warranties
Representations
Term
Termination
Force Majeure
Assignment
Sub-licensing
Reporting
Audit Rights
Technical Support
Maintenance
Improvements
Competition
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendment
Data Protection
Export Control
Insurance
Indemnification
Liability Limitation
Relevant Industries
Technology
Software Development
Manufacturing
Pharmaceuticals
Biotechnology
Media and Entertainment
Telecommunications
Research and Development
Consumer Goods
Industrial Products
Healthcare
Educational Services
Professional Services
Electronics
Relevant Teams
Legal
Intellectual Property
Business Development
Research and Development
Technology Transfer
Commercial
Innovation
Product Development
Compliance
Corporate Strategy
Licensing
Relevant Roles
Legal Counsel
IP Manager
Chief Technology Officer
Business Development Manager
Licensing Manager
Contract Manager
Research Director
Chief Executive Officer
Innovation Manager
Technology Transfer Officer
General Counsel
Commercial Director
Product Manager
Head of Research and Development
Chief Legal Officer
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