The Non-Commercial Use License serves as a crucial legal instrument in the Indonesian legal framework for organizations and individuals seeking to share their intellectual property while maintaining control over its commercial exploitation. This document is particularly relevant when content creators, educational institutions, or technology developers want to make their work available for research, educational, or personal use while explicitly prohibiting commercial applications. The license must comply with Indonesian legal requirements, including the Civil Code (KUHPer) and Law No. 28 of 2014 on Copyright, and should be drafted in Bahasa Indonesia or bilingually. It typically includes comprehensive definitions of non-commercial use, specific usage restrictions, technical requirements, and clear termination provisions.
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1. Parties: Identification of the Licensor and Licensee with complete legal names and addresses
2. Background: Context of the license agreement, nature of the licensed material, and purpose of the non-commercial use arrangement
3. Definitions: Clear definitions of key terms, especially 'non-commercial use', 'licensed material', and other critical concepts
4. Grant of License: Specific rights being granted, scope of permitted non-commercial use, and explicit restrictions
5. Terms of Use: Detailed conditions and limitations for using the licensed material
6. Prohibited Activities: Explicit list of prohibited commercial and other unauthorized uses
7. Intellectual Property Rights: Confirmation of licensor's ownership and retention of rights
8. Term and Termination: Duration of the license and conditions for termination
9. Representations and Warranties: Basic warranties regarding ownership and right to license
10. Liability and Indemnification: Limitations of liability and indemnification provisions
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Technical Requirements: Include when the licensed material requires specific technical specifications or operating environments
2. Attribution Requirements: Include when specific attribution or credit is required when using the licensed material
3. Data Protection: Include when the licensed material involves personal data processing
4. Export Control: Include when the licensed material may be subject to export control regulations
5. Modification Rights: Include when allowing or restricting modifications to the licensed material
6. Reporting Requirements: Include when the licensee needs to report usage or activities
7. Territory Restrictions: Include when use is restricted to specific geographic regions
1. Schedule A - Licensed Material: Detailed description and/or list of the licensed material
2. Schedule B - Technical Specifications: Technical requirements and specifications for using the licensed material
3. Schedule C - Permitted Uses: Detailed examples and scenarios of permitted non-commercial uses
4. Appendix 1 - Attribution Requirements: Specific format and requirements for attribution if required
5. Appendix 2 - Report Template: Template for usage reporting if required
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