This Non-Exclusive Copyright License Agreement is essential for businesses and individuals seeking to legally use copyrighted material while allowing the copyright owner to maintain rights to license the same material to others. The document is particularly relevant in the South African legal context, where it must comply with the Copyright Act 98 of 1978 and related legislation. It's commonly used when content creators, businesses, or individuals need to grant permission for their work to be used by multiple parties, such as in software licensing, content distribution, or media rights management. The agreement typically includes detailed provisions on permitted uses, territorial restrictions, duration, payment terms, and quality control measures, all tailored to meet South African legal requirements and commercial practices.
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1. Parties: Identification of the licensor and licensee with full legal names and details
2. Background: Context of the agreement and confirmation of licensor's ownership/right to license the material
3. Definitions: Key terms used throughout the agreement, including 'Licensed Material', 'Territory', 'Term', and 'Permitted Use'
4. Grant of License: Explicit grant of non-exclusive license, including scope, territory, and duration
5. License Fee: Payment terms, amounts, and payment schedule
6. Use Restrictions: Specific limitations on use of the licensed material and prohibited activities
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. Term and Termination: Duration of license and circumstances for termination
10. Post-Termination Obligations: Actions required after agreement ends, including return or destruction of materials
11. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Quality Control: Required when licensed material must meet specific quality standards or brand guidelines
2. Sublicensing Rights: Include when licensee may need to grant sublicenses
3. Moral Rights: Important for creative works where attribution and integrity rights need addressing
4. Source Code Escrow: For software licenses where source code access might be needed in specific circumstances
5. Technical Support: When ongoing technical support or maintenance is part of the license
6. Revenue Sharing: For licenses where royalties or revenue sharing arrangements apply
7. Audit Rights: When licensor needs right to audit licensee's use of materials
1. Schedule A - Licensed Material: Detailed description of the copyright material being licensed
2. Schedule B - Technical Specifications: Technical requirements and specifications for use of the licensed material
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, payment terms, and calculation methods
4. Schedule D - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed material
5. Schedule E - Quality Standards: Detailed quality control requirements and brand guidelines if applicable
6. Appendix 1 - Reporting Template: Standard format for usage reports if required under the agreement
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