The Non-Perpetual License Agreement is essential for businesses and organizations looking to grant or receive temporary rights to use intellectual property, software, technology, or other protected assets in Hong Kong. This document is particularly relevant when parties wish to establish a time-limited licensing arrangement rather than an indefinite grant of rights. It incorporates specific provisions required under Hong Kong law, including compliance with the Copyright Ordinance and related regulations. The agreement is commonly used in technology transfers, software licensing, content distribution, and various commercial arrangements where temporary access to intellectual property is needed. It includes crucial elements such as license scope, duration, territory restrictions, payment terms, quality control measures, and termination provisions.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the intellectual property being licensed
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Specific terms of the license grant, including scope, territory, and duration
5. License Fee and Payment Terms: Financial terms, payment schedule, and related obligations
6. Term and Termination: Duration of the license and circumstances for termination
7. Intellectual Property Rights: Ownership and protection of IP rights
8. Licensee Obligations: Key responsibilities and restrictions on the licensee
9. Warranties and Representations: Assurances provided by both parties
10. Liability and Indemnification: Allocation of risks and responsibilities for damages
11. Confidentiality: Protection of confidential information exchanged
12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Quality Control: Required when licensing involves products that need to meet specific quality standards
2. Sublicensing Rights: Include when licensee is permitted to sublicense the rights
3. Source Code Escrow: For software licenses where source code protection is required
4. Data Protection: Required when licensed products involve personal data processing
5. Export Control: Include for licenses involving international usage or technology transfer
6. Maintenance and Support: When ongoing technical support or maintenance is part of the agreement
7. Performance Requirements: Include when minimum performance or sales targets are required
8. Insurance: When specific insurance coverage is required for the licensed activities
1. Licensed Property: Detailed description of the intellectual property being licensed
2. License Fees: Detailed breakdown of all fees, royalties, and payment terms
3. Technical Specifications: Technical details and requirements for the licensed property
4. Territory: Detailed description of geographic regions where license is valid
5. Approved Use Cases: Specific permitted uses of the licensed property
6. Quality Standards: Detailed quality requirements and testing procedures if applicable
7. Support Services: Details of any support or maintenance services included
8. Reporting Requirements: Templates and specifications for required reports
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