Termination Of License for Malta

Termination Of License Template for Malta

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Termination Of License

"I need a Termination of License agreement under Maltese law for mutually ending a software licensing arrangement with immediate effect, ensuring the return of all proprietary code and including a 30-day transition period for knowledge transfer."

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What is a Termination Of License?

The Termination of License agreement is a crucial document used when parties wish to formally end their existing licensing arrangement before its natural expiration or at the end of its term. This document, governed by Maltese law, is essential in various commercial contexts, particularly in technology, intellectual property, and regulated industries. It addresses key aspects such as the cessation of rights, return or destruction of licensed materials, settlement of outstanding payments, and ongoing obligations post-termination. The agreement ensures compliance with Maltese legal requirements and relevant EU regulations, providing a clear framework for winding down the licensing relationship while protecting both parties' interests. It's particularly important in situations involving intellectual property rights, confidential information, or regulated activities where proper documentation of the termination process is crucial for legal and compliance purposes.

What sections should be included in a Termination Of License?

1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses

2. Background: Reference to the original license agreement, its date, and purpose

3. Definitions: Key terms used in the termination agreement, including reference to definitions from the original license agreement

4. Termination Date: Specific date when the license agreement will terminate

5. Confirmation of Termination: Mutual acknowledgment of the termination and its effect on all rights and obligations under the original license

6. Outstanding Payments: Details of any final payments, refunds, or financial settlements required

7. Return or Destruction of Materials: Requirements for handling licensed materials, software, documentation, or other assets post-termination

8. Confidentiality: Ongoing obligations regarding confidential information after termination

9. Surviving Provisions: Clauses from the original agreement that will continue to be effective after termination

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and counterparts

What sections are optional to include in a Termination Of License?

1. Transition Assistance: Used when there needs to be a handover period or transition support

2. Intellectual Property Rights: Include when there are specific IP rights that need to be addressed post-termination

3. Data Protection: Required when personal data processing is involved in the license

4. Non-Compete Obligations: Include when there are post-termination competitive restrictions

5. Third Party Rights: Needed when the termination affects rights of third parties

6. Mutual Release: Include when parties want to release each other from future claims

7. Public Announcements: Include when there are restrictions on how the termination can be communicated externally

What schedules should be included in a Termination Of License?

1. Schedule 1 - Original License Agreement: Copy or reference to the original license agreement being terminated

2. Schedule 2 - Outstanding Payments Schedule: Detailed breakdown of any final payments or financial settlements

3. Schedule 3 - Licensed Materials: List of materials to be returned or destroyed

4. Schedule 4 - Transition Plan: If applicable, detailed timeline and steps for transition

5. Appendix A - Confirmation of Destruction: Template certificate for confirming destruction of licensed materials

6. Appendix B - Final Release Form: Template for mutual release of claims if applicable

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

Relevant legal definitions
Relevant Industries

Technology

Software

Manufacturing

Pharmaceuticals

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Telecommunications

Biotechnology

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Gaming

Financial Services

Healthcare

Retail

Education

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Compliance

Intellectual Property

Commercial

Operations

Business Development

Risk Management

Information Technology

Finance

Corporate Affairs

Relevant Roles

Legal Counsel

Licensing Manager

Intellectual Property Manager

Commercial Director

Chief Technology Officer

Compliance Officer

Contract Manager

Business Development Manager

Chief Legal Officer

Operations Director

General Counsel

IP Rights Administrator

Risk Manager

Chief Executive Officer

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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