The Non Commercial License Software agreement is designed for situations where software developers or companies wish to provide their software for non-commercial purposes while maintaining their intellectual property rights under Austrian law. This document is particularly relevant when granting software licenses to educational institutions, research organizations, non-profit entities, or individual users for non-commercial activities. The agreement includes comprehensive terms covering license scope, usage restrictions, intellectual property protection, and compliance with Austrian legal requirements and EU regulations, particularly GDPR. It serves as a crucial tool for organizations wanting to make their software available for academic, research, or charitable purposes while clearly delineating the boundaries of permitted use and ensuring appropriate legal protections for all parties involved.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement, including 'Software', 'Documentation', 'Non-Commercial Use', 'Intellectual Property Rights'
4. Grant of License: Scope of the license, explicitly stating non-commercial nature and permitted uses
5. Restrictions: Specific prohibited activities and usage limitations
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. Warranties and Disclaimers: Limited warranties provided and statutory disclaimers under Austrian law
9. Liability Limitations: Limitations of liability compliant with Austrian law
10. Data Protection: GDPR compliance and data processing terms
11. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Academic Use Provisions: Additional terms specific to academic or research use, included when the software is likely to be used in educational institutions
2. Third Party Software: Terms relating to third-party components, included when the software incorporates third-party elements
3. Export Controls: Export compliance terms, included when the software contains encryption or is subject to export restrictions
4. Support and Updates: Terms regarding voluntary support or updates, included if the licensor wishes to provide these services
5. Installation and System Requirements: Technical requirements and installation terms, included for complex software
6. Feedback and Improvements: Terms governing user feedback and suggested improvements, included when licensor wants to secure rights to user innovations
7. Audit Rights: Right to audit compliance with non-commercial use, included for high-value software
1. Schedule A - Software Description: Detailed description of the software, including version number and components
2. Schedule B - Technical Documentation: User manuals, technical specifications, and documentation
3. Schedule C - Acceptable Use Policy: Detailed guidelines for acceptable non-commercial use
4. Schedule D - Data Processing Requirements: Specific data protection and processing requirements under GDPR
5. Appendix 1 - Installation Guide: Step-by-step installation and setup instructions
6. Appendix 2 - Support Procedures: Optional procedures for obtaining support or reporting issues
Authors
Relevant legal definitions
Clauses
Relevant Industries
Education
Research & Development
Non-Profit
Technology
Academic Research
Healthcare Research
Environmental Conservation
Scientific Research
Cultural Heritage
Public Sector
Community Services
Relevant Teams
Legal
Software Development
Research & Development
Information Technology
Compliance
Intellectual Property
Academic Affairs
Data Protection
Project Management
Technology Transfer
Operations
Relevant Roles
Legal Counsel
Software Developer
Research Director
Academic Administrator
IT Manager
Compliance Officer
Intellectual Property Manager
Technology Transfer Officer
Research Coordinator
Non-Profit Director
Data Protection Officer
Project Manager
Chief Technology Officer
Head of Research
Education Technology Director
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