The Limited License Agreement is essential in situations where an entity wishes to grant another party the right to use their intellectual property or technology in a controlled and restricted manner. This document, governed by South African law, is commonly used in technology transfers, software licensing, content distribution, and other scenarios where protected assets need to be licensed while maintaining strict control over their usage. The agreement typically includes detailed terms about usage rights, restrictions, payment structures, and compliance requirements. It's particularly relevant in the South African context where intellectual property protection must align with local legislation such as the Copyright Act, Consumer Protection Act, and Electronic Communications and Transactions Act.
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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: Detailed definitions of terms used throughout the agreement
4. Grant of License: Explicit description of the rights being granted and license scope
5. License Restrictions: Clear limitations on how the licensed material may be used
6. Term and Termination: Duration of the license and circumstances for termination
7. License Fees: Payment terms, amounts, and schedule for license fees
8. Intellectual Property Rights: Confirmation of IP ownership and protection measures
9. Confidentiality: Obligations regarding confidential information
10. Warranties and Disclaimers: Warranties provided and limitations of liability
11. Indemnification: Mutual or one-way indemnification obligations
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Territory Restrictions: Geographic limitations on license use, included when license is limited to specific regions
2. Sublicensing Rights: Terms for sublicensing, included if sublicensing is permitted
3. Quality Control: Quality standards and monitoring provisions, needed for trademark or brand-related licenses
4. Source Code Escrow: Terms for source code protection, relevant for software licenses
5. Maintenance and Support: Terms for ongoing support, included if technical support is part of the agreement
6. Data Protection: POPIA compliance provisions, required if personal data processing is involved
7. Export Control: Export regulation compliance, needed for international licensing
8. Insurance: Insurance requirements, included for high-risk or high-value licenses
1. Schedule A - Licensed Material: Detailed description of the licensed intellectual property
2. Schedule B - Technical Specifications: Technical requirements and specifications for the licensed material
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
4. Schedule D - Approved Use Cases: Specific approved uses of the licensed material
5. Schedule E - Service Level Agreement: Performance metrics and service levels if applicable
6. Appendix 1 - Compliance Requirements: Detailed compliance and reporting requirements
7. Appendix 2 - Contact Information: Key contacts for both parties for various purposes
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Media and Entertainment
Manufacturing
Pharmaceuticals
Biotechnology
Research and Development
Education
Telecommunications
Gaming
Retail
Relevant Teams
Legal
Intellectual Property
Business Development
Commercial
Research and Development
Information Technology
Compliance
Operations
Finance
Product Development
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Manager
Business Development Director
Chief Technology Officer
Commercial Director
Compliance Officer
Contract Administrator
IP Rights Manager
Technology Transfer Officer
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