The Non-Commercial Use License is essential in situations where intellectual property owners wish to make their content available for non-profit purposes while maintaining control over their rights. This document, governed by Indian law, serves as a legal framework for organizations and individuals to share their intellectual property for educational, research, or charitable purposes while preventing unauthorized commercial exploitation. It includes specific provisions for digital content usage, attribution requirements, and termination conditions, incorporating requirements from Indian copyright and contract law. The license is particularly valuable for academic institutions, non-profit organizations, and content creators who want to contribute to public knowledge while protecting their intellectual property rights.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the license agreement, nature of the licensed material, and the intention for non-commercial use
3. Definitions: Key terms including 'Licensed Material', 'Non-Commercial Use', 'Intellectual Property Rights', and other relevant definitions
4. Grant of License: Scope of the license granted, specifically outlining the non-commercial nature and permitted uses
5. Restrictions on Use: Explicit prohibitions on commercial use and other restricted activities
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. Licensee Obligations: Specific responsibilities of the licensee in using the licensed material
9. Representations and Warranties: Basic warranties about ownership and right to license
10. Indemnification: Licensee's obligation to indemnify licensor for unauthorized use
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Attribution Requirements: Required when the licensed material needs specific attribution or credit
2. Modifications and Derivatives: Include when modifications to the licensed material may be permitted
3. Data Protection and Privacy: Required when the licensed material involves personal data processing
4. Export Control: Include when the licensed material may be subject to export regulations
5. Third Party Rights: Required when the licensed material incorporates third-party components
6. Support and Updates: Include if the licensor provides any form of support or updates
7. Assignment: Include if transfer of license rights needs to be addressed specifically
1. Schedule 1 - Licensed Material: Detailed description of the material being licensed
2. Schedule 2 - Permitted Uses: Specific examples and scenarios of permitted non-commercial uses
3. Schedule 3 - Technical Requirements: Any technical specifications or requirements for using the licensed material
4. Appendix A - Attribution Format: Required format for crediting the licensor when applicable
5. Appendix B - Reporting Template: Template for any required usage reporting by the licensee
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