The Non-Exclusive Perpetual License agreement is essential for businesses seeking to establish long-term licensing arrangements in Nigeria while maintaining flexibility in their intellectual property strategy. This document is particularly relevant when a licensor wishes to grant permanent usage rights while retaining the ability to license the same intellectual property to multiple users. It provides a comprehensive framework for protecting both parties' interests under Nigerian law, including compliance with local intellectual property legislation and technology transfer regulations. The agreement typically includes detailed provisions on scope of use, payment structures, quality control, and compliance requirements. It's commonly used in technology transfers, software licensing, patent licensing, and other intellectual property transactions where perpetual, non-exclusive access is desired. The document must specifically address Nigerian legal requirements, including potential NOTAP registration for technology transfer agreements and compliance with local IP protection laws.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement including description of the intellectual property and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Explicit grant of the non-exclusive, perpetual license including scope and permitted uses
5. License Restrictions: Clear limitations on the license use and explicit restrictions
6. Payment Terms: License fees, payment schedule, and any ongoing royalties or maintenance fees
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
9. Confidentiality: Protection of confidential information exchanged under the agreement
10. Term and Termination: Duration of agreement and circumstances allowing termination despite perpetual nature
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments
1. Quality Control: Required when licensing includes trademarks or branding elements
2. Maintenance and Support: Needed when licensing software or technical solutions requiring ongoing support
3. Sub-licensing Rights: Include when licensee may need to sub-license to affiliates or third parties
4. Export Control: Required when licensed material may be subject to export restrictions
5. Source Code Escrow: Relevant for software licenses where source code access might be needed
6. Data Protection: Include when personal data processing is involved in the licensed activities
7. NOTAP Registration: Required for technology transfer licenses that fall under NOTAP jurisdiction
8. Training and Implementation: Include when licensed technology requires specific training or implementation support
1. Schedule 1 - Licensed IP: Detailed description of the intellectual property being licensed
2. Schedule 2 - Technical Specifications: Technical details and specifications of the licensed technology or software
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule 4 - Service Levels: Performance standards and service levels if applicable
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 IP
7. Appendix B - Support Terms: Detailed terms of any maintenance and support services
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