The Product License agreement is a crucial document used when a product owner wishes to grant specific rights to another party while retaining ownership of the underlying intellectual property. This agreement, governed by Irish law, is essential for businesses looking to monetize their products through licensing rather than direct sales, or when establishing manufacturing or distribution arrangements. It includes detailed provisions for license scope, territory restrictions, payment terms, and usage limitations, while ensuring compliance with Irish and EU regulations. The document is particularly important in technology transfers, software licensing, manufacturing arrangements, and product distribution scenarios, where clear delineation of rights and obligations is crucial for both parties. The Product License agreement must incorporate specific provisions required under Irish law, including consumer protection measures and competition law compliance, while also addressing any applicable EU regulations.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, brief description of the product, and purpose of the license
3. Definitions: Defined terms used throughout the agreement, including Product, License Fee, Territory, etc.
4. License Grant: Scope of the license, including territory, duration, and whether exclusive or non-exclusive
5. License Fees and Payment: Payment terms, amounts, payment schedule, and any recurring fees
6. Licensor Obligations: Responsibilities of the licensor including delivery, support, and maintenance obligations
7. Licensee Obligations: Responsibilities and restrictions on the licensee's use of the product
8. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of improvements
9. Term and Termination: Duration of the agreement, renewal terms, and termination rights
10. Warranties and Representations: Product warranties, performance guarantees, and compliance with laws
11. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Technical Support and Maintenance: Details of support services, applicable when ongoing technical support is included
2. Data Protection: GDPR compliance provisions, required if personal data processing is involved
3. Source Code Escrow: Escrow arrangements for software products where source code protection is needed
4. Quality Control: Quality standards and testing requirements, relevant for manufacturing licenses
5. Training and Documentation: Training obligations and documentation requirements, if applicable
6. Export Control: Export restrictions and compliance, necessary for international licensing
7. Confidentiality: Non-disclosure provisions, important when sharing trade secrets or confidential information
8. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, relevant for exclusive licenses
1. Schedule 1 - Product Specification: Detailed technical specifications of the licensed product
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Service Levels: Performance metrics and service level commitments if applicable
4. Schedule 4 - Support and Maintenance Terms: Detailed support and maintenance procedures and requirements
5. Schedule 5 - Approved Sub-licensees: List of approved sub-licensees if sub-licensing is permitted
6. Appendix A - Product Documentation: User manuals, technical documentation, and operating procedures
7. Appendix B - Territory Map: Geographical definition of licensed territory if territorially restricted
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Background IP
Business Day
Commencement Date
Confidential Information
Control
Documentation
Effective Date
Force Majeure Event
Improvements
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Product
Licensed Technology
Licensee
Licensor
Maintenance Services
Material Breach
Net Sales
Notice
Party/Parties
Patent Rights
Product Specification
Renewal Term
Revenue
Royalties
Schedule
Service Levels
Specifications
Sub-license
Support Services
Technical Information
Term
Territory
Third Party
Trade Marks
Updates
Use
User
Working Hours
Agreement
Applicable Law
Background IP
Business Day
Commencement Date
Confidential Information
Control
Documentation
Effective Date
Force Majeure Event
Improvements
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Product
Licensed Technology
Licensee
Licensor
Maintenance Services
Material Breach
Net Sales
Notice
Party/Parties
Patent Rights
Product Specification
Renewal Term
Revenue
Royalties
Schedule
Service Levels
Specifications
Sub-license
Support Services
Technical Information
Term
Territory
Third Party
Trade Marks
Updates
Use
User
Working Hours
Clauses
Definitions
License Grant
Territory Restrictions
Payment Terms
Intellectual Property Rights
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Data Protection
Competition Law Compliance
Product Support
Quality Control
Audit Rights
Export Control
Sub-licensing
Training and Documentation
Maintenance and Updates
Performance Standards
Reporting Requirements
Insurance
Representation and Warranties
Non-Competition
Regulatory Compliance
Amendment Procedures
Survival
Third-Party Rights
Waiver
License Grant
Territory Restrictions
Payment Terms
Intellectual Property Rights
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Severability
Notices
Data Protection
Competition Law Compliance
Product Support
Quality Control
Audit Rights
Export Control
Sub-licensing
Training and Documentation
Maintenance and Updates
Performance Standards
Reporting Requirements
Insurance
Representation and Warranties
Non-Competition
Regulatory Compliance
Amendment Procedures
Survival
Third-Party Rights
Waiver
Relevant Industries
Software & Technology
Manufacturing
Pharmaceuticals
Biotechnology
Consumer Products
Industrial Products
Media & Entertainment
Telecommunications
Healthcare
Automotive
Electronics
Relevant Teams
Legal
Commercial
Sales
Product Development
Business Development
Finance
Operations
Compliance
Intellectual Property
Research & Development
Relevant Roles
Legal Counsel
Commercial Director
Licensing Manager
Product Manager
Business Development Manager
Chief Technology Officer
Intellectual Property Manager
Contracts Manager
Sales Director
Chief Executive Officer
Chief Financial Officer
Operations Manager
Compliance Officer
General Counsel
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