This Non Perpetual License agreement template is designed for use under New Zealand law when one party (the licensor) wishes to grant another party (the licensee) temporary rights to use specific intellectual property, software, content, or technology. The document is particularly relevant for technology companies, software providers, and content creators who need to license their intellectual property while maintaining control over its use and distribution. The agreement includes essential provisions required by New Zealand legislation, including compliance with the Contract and Commercial Law Act 2017 and Copyright Act 1994. It is structured to provide clear terms regarding license duration, renewal options, usage restrictions, and termination rights, making it suitable for both business-to-business and business-to-consumer arrangements where perpetual rights are not intended to be granted.
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1. Parties: Identifies and defines the licensor and licensee with their full legal names and addresses
2. Background: Provides context for the agreement and outlines the purpose of the license
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the scope, nature, and limitations of the license being granted
5. License Period: Defines the duration of the license and any renewal terms
6. License Fees: Details the payment terms, amounts, and payment schedule
7. Intellectual Property Rights: Confirms ownership of IP and protected rights
8. Use Restrictions: Specifies permitted and prohibited uses of the licensed material
9. Confidentiality: Defines confidential information and obligations regarding its protection
10. Warranties and Representations: States the warranties provided and disclaimers
11. Limitation of Liability: Sets out liability caps and exclusions in compliance with NZ law
12. Termination: Details termination rights, process, and consequences
13. General Provisions: Includes standard boilerplate clauses such as governing law, notices, and assignment
1. Support Services: Include when technical support or maintenance services are part of the license agreement
2. Data Protection: Include when personal data processing is involved, ensuring compliance with Privacy Act 2020
3. Service Levels: Include when specific performance standards or uptime guarantees are required
4. Audit Rights: Include when licensor needs rights to audit licensee's use of licensed material
5. Export Control: Include when licensed material may be subject to export control regulations
6. Insurance: Include when specific insurance coverage is required from either party
7. Source Code Escrow: Include for software licenses where source code escrow is required
1. Schedule 1 - Licensed Material: Detailed description of the licensed material or software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of fees, payment schedule, and calculation methods
3. Schedule 3 - Technical Specifications: Technical details and requirements for the licensed material
4. Schedule 4 - Support Services: Detailed description of any support or maintenance services if included
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed material
6. Appendix B - Service Level Agreement: Detailed service levels and performance metrics if applicable
Relevant legal definitions
Agreement
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Fee(s)
Initial Term
Intellectual Property Rights
License
Licensed Material
License Period
License Fee
Maintenance Services
Permitted Purpose
Renewal Term
Representatives
Services
Specifications
Support Services
Term
Territory
Third Party Materials
Updates
Upgrades
Use
User Guide
Working Hours
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Fee(s)
Initial Term
Intellectual Property Rights
License
Licensed Material
License Period
License Fee
Maintenance Services
Permitted Purpose
Renewal Term
Representatives
Services
Specifications
Support Services
Term
Territory
Third Party Materials
Updates
Upgrades
Use
User Guide
Working Hours
Clauses
Grant of License
License Scope
Term and Termination
Payment Terms
Intellectual Property Rights
Confidentiality
Use Restrictions
Warranties
Liability Limitations
Indemnification
Support Services
Maintenance
Audit Rights
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Severability
Data Protection
Export Control
Performance Standards
Reporting Requirements
Insurance
Compliance with Laws
License Scope
Term and Termination
Payment Terms
Intellectual Property Rights
Confidentiality
Use Restrictions
Warranties
Liability Limitations
Indemnification
Support Services
Maintenance
Audit Rights
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Severability
Data Protection
Export Control
Performance Standards
Reporting Requirements
Insurance
Compliance with Laws
Relevant Industries
Information Technology
Software Development
Media and Entertainment
Education
Manufacturing
Healthcare
Financial Services
Professional Services
Telecommunications
Research and Development
Digital Content
Publishing
Relevant Teams
Legal
Commercial
Intellectual Property
Procurement
Information Technology
Software Development
Product Management
Operations
Business Development
Compliance
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Commercial Manager
Licensing Manager
Contract Manager
Technology Officer
Software Development Manager
Product Manager
Business Development Manager
Procurement Manager
Chief Technology Officer
Chief Legal Officer
IP Rights Manager
Operations Director
Commercial Director
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