The Irrevocable License agreement is utilized when parties seek to establish a permanent and unretractable right to use specific intellectual property or protected materials. This document is particularly relevant in situations requiring long-term certainty and stability in licensing relationships, such as technology transfers, software licensing, or patent utilization. Under Austrian law, this agreement type provides robust protection for both licensors and licensees, ensuring that the granted rights cannot be arbitrarily withdrawn. The agreement includes comprehensive terms covering usage rights, payment structures, warranties, and compliance with Austrian legal requirements. It is commonly used in corporate transactions, technology transfers, and strategic partnerships where perpetual rights are essential for business operations or significant investments.
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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 parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Explicit declaration of the irrevocable license grant and its scope
5. License Fees: Payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and IP rights
7. Use Restrictions: Limitations and conditions on the use of licensed material
8. Representations and Warranties: Parties' assertions regarding their authority and the licensed material
9. Liability and Indemnification: Allocation of risks and responsibilities between parties
10. Duration: Confirmation of perpetual nature and any applicable conditions
11. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
12. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Quality Requirements: Specific quality standards for licensed materials or services, included when quality control is crucial
2. Maintenance and Support: Terms for ongoing support services, included when technical support is part of the license
3. Sub-licensing Rights: Terms regarding the licensee's right to sub-license, included when sub-licensing is permitted
4. Data Protection: GDPR and DSG compliance provisions, included when personal data processing is involved
5. Source Code Escrow: Terms for source code protection, included for software licenses
6. Territory Restrictions: Geographical limitations on license use, included when territory restrictions apply
7. Export Control: Export compliance provisions, included when international use is contemplated
1. Licensed Material: Detailed description of the licensed intellectual property or materials
2. Technical Specifications: Technical details and requirements for the licensed material
3. Fee Schedule: Detailed breakdown of license fees and payment terms
4. Approved Sub-licensees: List of pre-approved sub-licensees if applicable
5. Service Level Agreement: Detailed service levels and performance metrics if support is included
6. Usage Guidelines: Detailed guidelines for the use of licensed material
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing
Healthcare & Life Sciences
Media & Entertainment
Education
Research & Development
Telecommunications
Automotive
Consumer Goods
Industrial Design
Biotechnology
Engineering Services
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Compliance
Commercial Operations
Technology Transfer
Innovation
Product Development
Corporate Strategy
Licensing Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Chief Technology Officer
Business Development Manager
Contract Manager
Chief Legal Officer
Innovation Director
Research Director
Technology Transfer Officer
Compliance Officer
Patent Attorney
Commercial Director
Product Manager
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