The Product License Agreement serves as a critical legal instrument for businesses operating in the Philippines who wish to license their products while maintaining control over their intellectual property rights. This document is essential when a company wants to grant another party the right to use, sell, or distribute their product while retaining ownership. It must comply with Philippine legislation, including the Intellectual Property Code (RA 8293), Consumer Act (RA 7394), and when applicable, the E-Commerce Act (RA 8792). The agreement typically covers license scope, territorial restrictions, payment terms, usage limitations, and protection mechanisms, while addressing specific requirements of Philippine contract law and local business practices.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the license being granted
5. License Fees and Payment Terms: Details the payment structure, timing, and methods for license fees
6. Intellectual Property Rights: Confirms ownership of IP and protected rights
7. Use Restrictions: Specifies prohibited uses and limitations on the license
8. Term and Termination: Defines the duration of the agreement and circumstances for termination
9. Warranties and Representations: Sets out warranties regarding the product and representations by both parties
10. Limitation of Liability: Establishes limits on parties' liability and exclusions
11. Confidentiality: Defines confidential information and obligations to protect it
12. General Provisions: Contains standard legal provisions including governing law, notices, and assignment rights
1. Installation and Implementation: Required for products needing specific installation procedures or implementation services
2. Maintenance and Support: Include when ongoing support or maintenance services are part of the agreement
3. Training: Necessary when the licensor provides training services for the product
4. Audit Rights: Include when licensor needs rights to audit licensee's use of the product
5. Export Controls: Required for products subject to international trade restrictions
6. Data Protection: Include when the product involves processing personal data
7. Source Code Escrow: Relevant for software products where source code access might be needed in specific circumstances
8. Territory Restrictions: Include when the license is restricted to specific geographic regions
9. Sub-licensing Rights: Required when licensee is permitted to sub-license the product
10. Competition and Non-Solicitation: Include when protecting against competitive activities is necessary
1. Product Specifications: Detailed technical specifications and functionality of the licensed product
2. Fee Schedule: Detailed breakdown of license fees, payment schedules, and any variable pricing elements
3. Service Level Agreement: Performance standards and metrics for product support and maintenance
4. Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed product
5. Support and Maintenance Terms: Detailed terms for support services and maintenance obligations
6. Implementation Plan: Timeline and milestones for product implementation, if applicable
7. Authorized Users: List of authorized users or user categories and their access rights
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Retail and Consumer Goods
Healthcare and Medical Devices
Telecommunications
Financial Services
Education
Entertainment and Media
Industrial and Engineering
Pharmaceutical and Biotechnology
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Sales
Compliance
Product Development
Operations
Procurement
Risk Management
Finance
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Commercial Director
Business Development Manager
Contract Manager
Chief Legal Officer
Product Manager
Sales Director
Compliance Officer
Chief Technology Officer
Operations Manager
Procurement Manager
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