This Non-Exclusive License Agreement template is designed for use under New Zealand law when an intellectual property owner wishes to grant usage rights while maintaining the ability to license the same IP to others. It's commonly used in situations involving software licensing, technology transfer, brand licensing, or content distribution. The document includes essential provisions required by New Zealand legislation, including the Contract and Commercial Law Act 2017 and relevant intellectual property statutes. It addresses key aspects such as scope of license, territory restrictions, payment terms, quality control measures, and termination rights. This agreement type is particularly valuable when the IP owner wants to maximize commercial opportunities through multiple licensing arrangements while maintaining control over their intellectual property.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Sets out the context of the agreement, including brief description of the intellectual property and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Grant of License: Clearly specifies the non-exclusive rights being granted, including scope, territory, and field of use
5. Term and Termination: Specifies the duration of the license and circumstances under which it can be terminated
6. License Fees and Payment Terms: Details the financial terms, including license fees, royalties, payment schedule, and reporting requirements
7. Intellectual Property Rights: Confirms ownership of IP and handles any improvements or modifications
8. Licensee Obligations: Sets out the licensee's responsibilities in using the licensed IP
9. Quality Control: Establishes standards for the use of the licensed IP and any approval requirements
10. Warranties and Representations: Contains warranties from both parties regarding their authority and the licensed IP
11. Limitation of Liability: Sets out the extent and limitations of each party's liability
12. Confidentiality: Protects confidential information exchanged during the license relationship
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Sub-licensing Rights: Include when the licensee is permitted to sub-license the IP to third parties
2. Technical Support and Maintenance: Include when the licensor will provide ongoing technical support or maintenance services
3. Source Code Escrow: Include for software licenses where source code needs to be held in escrow
4. Export Control: Include when the licensed IP may be subject to export control regulations
5. Data Protection: Include when the license involves processing of personal data
6. Marketing and Promotion: Include when there are specific requirements about how the licensed IP can be marketed
7. Training: Include when the licensor will provide training on the licensed IP
8. Audit Rights: Include when the licensor requires rights to audit the licensee's use of the IP
1. Schedule 1 - Licensed Intellectual Property: Detailed description of the IP being licensed, including registration numbers if applicable
2. Schedule 2 - License Fees and Royalties: Detailed breakdown of all financial terms and calculation methods
3. Schedule 3 - Technical Specifications: Technical details and requirements for the licensed IP
4. Schedule 4 - Quality Control Standards: Detailed quality standards and testing procedures
5. Schedule 5 - Territory: Detailed description of the geographic territories where the license applies
6. Appendix A - Approved Form of Quality Control Report: Template for quality control reporting
7. Appendix B - Brand Guidelines: Guidelines for use of licensed trademarks or branding
Relevant legal definitions
Agreement
Business Day
Commencement Date
Confidential Information
Effective Date
Field of Use
Gross Revenue
Improvements
Initial Term
Intellectual Property Rights
License
Licensed IP
Licensed Products
Licensed Territory
Licensee
Licensor
Net Sales
Patents
Quality Standards
Renewal Term
Royalties
Royalty Period
Royalty Report
Technical Documentation
Term
Termination Date
Third Party
Trademarks
Trade Secrets
Use
Working Day
Business Day
Commencement Date
Confidential Information
Effective Date
Field of Use
Gross Revenue
Improvements
Initial Term
Intellectual Property Rights
License
Licensed IP
Licensed Products
Licensed Territory
Licensee
Licensor
Net Sales
Patents
Quality Standards
Renewal Term
Royalties
Royalty Period
Royalty Report
Technical Documentation
Term
Termination Date
Third Party
Trademarks
Trade Secrets
Use
Working Day
Clauses
Definitions
Grant of License
Territory
Field of Use
Term
Payments
Royalties
Record Keeping
Audit Rights
Quality Control
IP Ownership
IP Protection
Improvements
Technical Support
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Sub-licensing
Termination
Post-Termination
Dispute Resolution
Governing Law
Notice
Entire Agreement
Amendment
Severability
Interpretation
Third Party Rights
Data Protection
Export Control
Compliance with Laws
Insurance
Grant of License
Territory
Field of Use
Term
Payments
Royalties
Record Keeping
Audit Rights
Quality Control
IP Ownership
IP Protection
Improvements
Technical Support
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Sub-licensing
Termination
Post-Termination
Dispute Resolution
Governing Law
Notice
Entire Agreement
Amendment
Severability
Interpretation
Third Party Rights
Data Protection
Export Control
Compliance with Laws
Insurance
Relevant Industries
Technology
Software Development
Manufacturing
Pharmaceuticals
Biotechnology
Media and Entertainment
Publishing
Research and Development
Education
Healthcare
Retail
Consumer Goods
Telecommunications
Gaming
Industrial Design
Fashion and Apparel
Relevant Teams
Legal
Intellectual Property
Business Development
Research and Development
Commercial
Licensing
Operations
Technology Transfer
Innovation
Product Development
Contracts Administration
Corporate Affairs
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Business Development Director
Chief Technology Officer
Research and Development Director
Commercial Manager
Contract Manager
IP Rights Administrator
Technology Transfer Officer
General Counsel
Chief Legal Officer
Innovation Manager
Product Manager
Brand Manager
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