This Perpetual Irrevocable License template is designed for use under Belgian law when parties need to establish a permanent, unbreakable licensing arrangement for intellectual property, technology, or software. It's particularly suitable for situations requiring long-term stability in licensing relationships, such as mission-critical software implementations, core technology licensing, or fundamental IP rights necessary for business operations. The document incorporates Belgian civil law requirements, competition law considerations, and European Union regulations where applicable. It includes comprehensive provisions for license scope, usage rights, maintenance terms, and liability limitations, while ensuring the irrevocable nature of the grant cannot be challenged under Belgian law. This template should be used when the licensor is willing to grant permanent rights while retaining ownership of the intellectual property, and when the licensee requires guaranteed, perpetual access to the licensed material.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, description of the licensed material, and parties' objectives
3. Definitions: Defined terms used throughout the agreement, including Licensed Material, Intellectual Property Rights, and Territory
4. Grant of License: Scope of the perpetual license, including usage rights, restrictions, and confirmation of its irrevocable nature
5. Payment Terms: License fees, payment schedule, and any ongoing maintenance fees if applicable
6. Intellectual Property Rights: Confirmation of ownership, protection of IPR, and handling of improvements or derivatives
7. Warranties and Representations: Licensor's warranties regarding ownership, right to license, and non-infringement
8. Maintenance and Support: Terms for ongoing maintenance and technical support if provided
9. Confidentiality: Protection of confidential information exchanged under the agreement
10. Limitation of Liability: Limits on parties' liability and exclusions of certain types of damages
11. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. Source Code Escrow: For software licenses, provisions for source code escrow arrangements
2. Territory Restrictions: If the license is limited to specific geographical areas
3. Sub-licensing Rights: Terms governing the licensee's right to sub-license, if permitted
4. Quality Control: For trademark or brand licenses, provisions for maintaining quality standards
5. Export Control: Compliance with export control laws if relevant to the licensed material
6. Data Protection: GDPR compliance provisions if personal data processing is involved
7. Change of Control: Provisions addressing change in ownership of either party
8. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
1. Schedule 1 - Licensed Material: Detailed description of the licensed intellectual property
2. Schedule 2 - Technical Specifications: Technical details and specifications of the licensed material
3. Schedule 3 - Service Levels: Details of maintenance and support services if provided
4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees and payment terms
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Appendix A - Usage Guidelines: Specific guidelines for using the licensed material
7. Appendix B - Form of Report: Template for any required reporting by licensee
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Telecommunications
Manufacturing
Biotechnology
Pharmaceutical
Media and Entertainment
Research and Development
Automotive
Industrial Design
Electronics
Consumer Goods
Relevant Teams
Legal
Intellectual Property
Technology
Commercial
Business Development
Research and Development
Product Development
Compliance
Finance
Information Technology
Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Chief Technology Officer
Licensing Director
Contract Manager
Business Development Manager
Chief Legal Officer
Technology Transfer Officer
IP Rights Manager
Commercial Director
Chief Executive Officer
Research and Development Director
Software Development Manager
Product Manager
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