The Non-Commercial Use License serves as a critical legal instrument in New Zealand 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 research organizations want to make their work available for educational, research, or charitable purposes while preventing any commercial use. The license complies with New Zealand's legal framework, particularly the Copyright Act 1994 and Contract and Commercial Law Act 2017, and includes essential provisions for protecting intellectual property rights while promoting open access for non-profit purposes. It is commonly used for educational resources, research materials, creative works, and software that creators wish to share freely for non-commercial applications while retaining their commercial rights.
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1. Parties: Identification of the licensor and licensee, including full legal names and contact details
2. Background: Context of the agreement, nature of the licensed material, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Material', 'Non-Commercial Use', and other relevant terms
4. Grant of License: Specific rights being granted, clearly stating the non-commercial nature and scope of permitted uses
5. Restrictions and Limitations: Clear outline of prohibited commercial uses and other restrictions on the use of the licensed material
6. Term and Termination: Duration of the license and circumstances under which it can be terminated
7. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
8. Warranties and Disclaimers: Warranties provided by the licensor and relevant disclaimers
9. Indemnification: Responsibilities of the licensee to indemnify the licensor for unauthorized use
10. Governing Law: Specification of New Zealand law as the governing law and jurisdiction
1. Attribution Requirements: Required when the licensor wants specific attribution for the licensed material
2. Quality Control: Include when the licensed material must maintain certain quality standards in its use
3. Reporting Requirements: Add when the licensor requires periodic reports on the use of the licensed material
4. Sub-licensing Rights: Include if the licensee is permitted to sub-license the material to others
5. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction
6. Insurance: Include when specific insurance requirements are needed for the licensed material use
7. Privacy and Data Protection: Add when the licensed material involves personal data or privacy considerations
1. Schedule 1 - Licensed Material: Detailed description and specification of the licensed material
2. Schedule 2 - Approved Uses: Specific list of permitted non-commercial uses and examples
3. Schedule 3 - Technical Requirements: Technical specifications or requirements for using the licensed material
4. Appendix A - Attribution Guidelines: Detailed guidelines for how the licensed material should be credited
5. Appendix B - Reporting Template: Template for any required usage reports
6. Appendix C - Contact Details: Detailed contact information for key representatives of both parties
Relevant legal definitions
Licensed Material
Non-Commercial Use
Commercial Use
Intellectual Property Rights
Derivative Works
Licensor
Licensee
Effective Date
Term
Territory
Permitted Purpose
Attribution
Modifications
Confidential Information
Background IP
End User
Distribution
Use
Related Entities
Intellectual Property
Business Day
Force Majeure Event
Moral Rights
Project
Representatives
Third Party Materials
Documentation
License Fee
Permitted Users
Restricted Uses
Non-Commercial Use
Commercial Use
Intellectual Property Rights
Derivative Works
Licensor
Licensee
Effective Date
Term
Territory
Permitted Purpose
Attribution
Modifications
Confidential Information
Background IP
End User
Distribution
Use
Related Entities
Intellectual Property
Business Day
Force Majeure Event
Moral Rights
Project
Representatives
Third Party Materials
Documentation
License Fee
Permitted Users
Restricted Uses
Clauses
Grant of License
License Restrictions
Non-Commercial Use
Intellectual Property Rights
Term and Termination
Attribution Requirements
Warranties and Representations
Indemnification
Limitation of Liability
Confidentiality
Quality Control
Reporting and Inspection
Assignment and Sub-licensing
Dispute Resolution
Force Majeure
Notices
Entire Agreement
Governing Law
Severability
Modification of Licensed Material
Distribution Rights
Technical Requirements
Data Protection
Export Control
Moral Rights
License Restrictions
Non-Commercial Use
Intellectual Property Rights
Term and Termination
Attribution Requirements
Warranties and Representations
Indemnification
Limitation of Liability
Confidentiality
Quality Control
Reporting and Inspection
Assignment and Sub-licensing
Dispute Resolution
Force Majeure
Notices
Entire Agreement
Governing Law
Severability
Modification of Licensed Material
Distribution Rights
Technical Requirements
Data Protection
Export Control
Moral Rights
Relevant Industries
Education
Research and Development
Arts and Culture
Non-Profit
Technology
Media and Entertainment
Publishing
Software Development
Healthcare Research
Environmental Conservation
Relevant Teams
Legal
Intellectual Property
Research and Development
Academic Affairs
Content Management
Compliance
Business Development
Digital Rights
Contract Administration
Creative Services
Relevant Roles
Legal Counsel
Intellectual Property Manager
Content Licensing Manager
Research Director
Academic Affairs Coordinator
Copyright Officer
Open Source Program Manager
Creative Director
Business Development Manager
Compliance Officer
Contract Administrator
Digital Rights Manager
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