The Non-Perpetual License Agreement is essential for businesses and organizations seeking to grant or receive temporary rights to use specific intellectual property, technology, or other assets in India. This document type is particularly relevant when the licensor wishes to maintain long-term control over their intellectual property while allowing others to use it for a specified period. The agreement must comply with Indian legal requirements, including the Indian Contract Act, 1872, and various intellectual property laws. It typically includes comprehensive details about usage rights, restrictions, payment terms, renewal options, and termination conditions. This document is commonly used in technology transfers, software licensing, patent licensing, and other scenarios where temporary access to proprietary assets is required while maintaining the original owner's control.
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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 licensed material/property
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including its non-perpetual nature and any territorial limits
5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination
6. License Fees: Payment terms, fee structure, and payment schedule
7. Intellectual Property Rights: Ownership and protection of IP rights, restrictions on use
8. Licensee Obligations: Key responsibilities and restrictions on the licensee
9. Licensor Obligations: Key responsibilities of the licensor
10. Warranties and Representations: Warranties provided by both parties
11. Limitation of Liability: Limits on liability and exclusions
12. Confidentiality: Protection of confidential information exchanged
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details
14. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Technical Support and Maintenance: Include when the license includes support services or maintenance obligations
2. Quality Control: Include for licenses involving trademarks or brand usage
3. Sublicensing Rights: Include if sublicensing is permitted and under what conditions
4. Source Code Escrow: Include for software licenses where source code protection is needed
5. Data Protection: Include when personal data processing is involved
6. Export Control: Include when licensed material may be subject to export regulations
7. Training and Implementation: Include when the license includes training or implementation services
8. Audit Rights: Include when licensor needs rights to audit licensee's use of licensed material
1. Schedule 1 - Licensed Material: Detailed description of the licensed property/material
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 specifications of the licensed material
4. Schedule 4 - Service Levels: Service level commitments if support/maintenance is included
5. Schedule 5 - Approved Use Cases: Specific approved uses and applications of the licensed material
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Reporting Requirements: Templates and requirements for any required reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Healthcare
Education
Media and Entertainment
Pharmaceuticals
Automotive
Telecommunications
Research and Development
Consumer Goods
Industrial Engineering
Biotechnology
Financial Services
Relevant Teams
Legal
Intellectual Property
Procurement
Business Development
Operations
Information Technology
Compliance
Commercial
Research and Development
Finance
Contract Administration
Relevant Roles
Legal Counsel
Licensing Manager
Intellectual Property Manager
Contract Administrator
Business Development Manager
Chief Technology Officer
Chief Legal Officer
Procurement Manager
Commercial Director
Operations Manager
Technology Transfer Officer
Compliance Officer
General Counsel
IP Rights Manager
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