Non Commercial Use License for India

Non Commercial Use License Template for India

This document is a comprehensive Non-Commercial Use License agreement governed by Indian law, designed to establish the terms and conditions under which intellectual property can be used for non-profit purposes. It incorporates key provisions from the Indian Contract Act, 1872, and the Copyright Act, 1957, while ensuring compliance with modern digital usage requirements under the Information Technology Act, 2000. The agreement provides clear guidelines for permitted non-commercial uses, attribution requirements, and protection mechanisms for the intellectual property owner, while offering flexibility for educational, research, and other non-profit applications.

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What is a Non Commercial Use License?

The Non-Commercial Use License is essential in situations where intellectual property owners wish to make their content available for non-profit purposes while maintaining control over their rights. This document, governed by Indian law, serves as a legal framework for organizations and individuals to share their intellectual property for educational, research, or charitable purposes while preventing unauthorized commercial exploitation. It includes specific provisions for digital content usage, attribution requirements, and termination conditions, incorporating requirements from Indian copyright and contract law. The license is particularly valuable for academic institutions, non-profit organizations, and content creators who want to contribute to public knowledge while protecting their intellectual property rights.

What sections should be included in a Non Commercial Use License?

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

2. Background: Context of the license agreement, nature of the licensed material, and the intention for non-commercial use

3. Definitions: Key terms including 'Licensed Material', 'Non-Commercial Use', 'Intellectual Property Rights', and other relevant definitions

4. Grant of License: Scope of the license granted, specifically outlining the non-commercial nature and permitted uses

5. Restrictions on Use: Explicit prohibitions on commercial use and other restricted activities

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

7. Term and Termination: Duration of the license and conditions for termination

8. Licensee Obligations: Specific responsibilities of the licensee in using the licensed material

9. Representations and Warranties: Basic warranties about ownership and right to license

10. Indemnification: Licensee's obligation to indemnify licensor for unauthorized use

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

What sections are optional to include in a Non Commercial Use License?

1. Attribution Requirements: Required when the licensed material needs specific attribution or credit

2. Modifications and Derivatives: Include when modifications to the licensed material may be permitted

3. Data Protection and Privacy: Required when the licensed material involves personal data processing

4. Export Control: Include when the licensed material may be subject to export regulations

5. Third Party Rights: Required when the licensed material incorporates third-party components

6. Support and Updates: Include if the licensor provides any form of support or updates

7. Assignment: Include if transfer of license rights needs to be addressed specifically

What schedules should be included in a Non Commercial Use License?

1. Schedule 1 - Licensed Material: Detailed description of the material being licensed

2. Schedule 2 - Permitted Uses: Specific examples and scenarios of permitted non-commercial uses

3. Schedule 3 - Technical Requirements: Any technical specifications or requirements for using the licensed material

4. Appendix A - Attribution Format: Required format for crediting the licensor when applicable

5. Appendix B - Reporting Template: Template for any required usage reporting by the licensee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Education

Research & Development

Non-Profit

Technology

Media & Entertainment

Arts & Culture

Healthcare

Environmental Conservation

Open Source Software

Academic Publishing

Relevant Teams

Legal

Intellectual Property

Research & Development

Academic Affairs

Content Management

Digital Rights

Compliance

Community Relations

Project Management

Education & Training

Relevant Roles

Legal Counsel

Intellectual Property Manager

Content Licensing Manager

Research Director

Academic Administrator

Open Source Program Manager

Digital Rights Manager

Copyright Officer

Community Manager

Project Manager

Compliance Officer

Education Program Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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