This document template provides a comprehensive framework for an Evaluation License agreement under New Zealand law, designed for situations where organizations need to allow potential customers to evaluate their products or services before commitment. The agreement is particularly useful for software, technology, and complex product offerings where a trial period is essential for assessment. The Evaluation License includes crucial provisions for protecting intellectual property rights, maintaining confidentiality, and defining the scope and duration of the evaluation period. It addresses key considerations under New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant intellectual property legislation. The document is structured to balance the licensor's need to protect their intellectual property while providing the evaluator with sufficient access to meaningfully assess the product or service.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Explains the context of the evaluation license, including brief description of the product/service to be evaluated
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the scope and nature of the evaluation license, including any territorial restrictions
5. Evaluation Period: Defines the duration of the evaluation period and any extension conditions
6. Permitted Use: Details the allowed uses of the product/service during the evaluation period
7. Restrictions: Specifies prohibited activities and usage limitations
8. Intellectual Property Rights: Confirms ownership and protection of IP rights
9. Confidentiality: Protects confidential information shared during the evaluation
10. No Warranty: Disclaims warranties for evaluation purposes
11. Termination: Details circumstances and process for early termination
12. Post-Termination Obligations: Specifies obligations after license expiry or termination
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Feedback and Evaluation: Include when licensor requires formal feedback or evaluation reports from licensee
2. Support Services: Include when technical support is provided during evaluation
3. Data Protection: Include when the evaluation involves processing personal data
4. Security Requirements: Include for products/services with specific security protocols or requirements
5. Fees: Include if there are any evaluation fees or deposits required
6. Insurance: Include when evaluation involves high-value or high-risk products
7. Third Party Components: Include when product contains third-party elements requiring separate terms
8. Export Control: Include for products subject to export control regulations
1. Product Description: Detailed description of the product/service being evaluated
2. Technical Requirements: Technical specifications and system requirements
3. Evaluation Criteria: Specific parameters and metrics for evaluation
4. Support Terms: Details of any technical support provided during evaluation
5. Authorized Users: List of authorized users and their access levels if applicable
6. Acceptance Tests: Specific tests or criteria for evaluation success if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Manufacturing
Healthcare Technology
Financial Services
Educational Technology
Research and Development
Biotechnology
Industrial Automation
Artificial Intelligence
Cloud Services
Cybersecurity
Professional Services
Relevant Teams
Legal
Sales
Business Development
Product Management
Information Technology
Procurement
Commercial
Risk and Compliance
Partner Management
Research and Development
Relevant Roles
Legal Counsel
Contract Manager
Product Manager
Sales Director
Business Development Manager
Chief Technology Officer
IT Director
Procurement Manager
Commercial Manager
Intellectual Property Manager
Risk Manager
Compliance Officer
Software Licensing Manager
Partner Manager
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