The Evaluation License Agreement is essential for organizations in India seeking to protect their intellectual property while allowing potential customers or partners to assess their products or technology. This agreement type is commonly used when a company needs to provide temporary access to its proprietary software, technology, or products for evaluation purposes before a potential purchase or partnership. The document includes specific provisions aligned with Indian legal requirements, covering evaluation period, usage restrictions, confidentiality obligations, and liability limitations. It serves as a crucial risk management tool, particularly important in the Indian market where IP protection needs to be balanced with business development opportunities. The agreement typically precedes commercial licensing or purchase agreements and helps organizations maintain control over their intellectual property during the evaluation phase.

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, including brief description of the product/technology to be evaluated

3. Definitions: Key terms used throughout the agreement, including 'Evaluation Period', 'Licensed Materials', 'Evaluation Purpose'

4. Grant of License: Scope of the temporary license, specifically limiting use to evaluation purposes

5. Evaluation Period: Duration of the evaluation license and any extension provisions

6. Evaluation Purpose: Permitted uses and specific objectives of the evaluation

7. Restrictions on Use: Specific prohibitions and limitations on use of the licensed materials

8. Intellectual Property Rights: Confirmation of licensor's ownership and protection of IP rights

9. Confidentiality: Protection of confidential information exchanged during evaluation

10. No Warranty: Disclaimer of warranties for evaluation purposes

11. Limitation of Liability: Limits on licensor's liability during evaluation use

12. Termination: Grounds for termination and post-termination obligations

13. Return or Destruction of Materials: Requirements for handling licensed materials after evaluation

14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement