This Non-Exclusive Agreement template is designed for use in commercial relationships where one party wishes to grant rights, licenses, or permissions to another while retaining the ability to grant similar rights to others. It is specifically structured to comply with Austrian law requirements and EU regulations, making it suitable for both domestic and international business relationships. The document typically includes comprehensive sections on the scope of rights, payment terms, party obligations, and termination provisions. It's particularly useful in situations involving intellectual property licensing, distribution arrangements, service provision, or technology partnerships where maintaining flexibility in business relationships is crucial. The agreement incorporates necessary provisions to ensure compliance with Austrian contract law while protecting both parties' interests in a non-exclusive arrangement.
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1. Parties: Identification and details of the contracting parties
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 Rights: Clear specification of the non-exclusive rights being granted
5. Scope of Non-Exclusivity: Explicit details about the non-exclusive nature and any limitations
6. Term and Duration: Period of the agreement including start date and duration
7. Financial Terms: Payment terms, fees, and financial obligations
8. Obligations of Parties: Specific duties and responsibilities of each party
9. Representations and Warranties: Standard warranties and representations from both parties
10. Intellectual Property Rights: Protection and ownership of IP rights
11. Confidentiality: Protection of confidential information
12. Termination: Conditions and process for termination
13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Competition Compliance: Required when the agreement could have competition law implications
2. Quality Control: Needed when the agreement involves products or services with specific quality requirements
3. Territory Restrictions: Include when the non-exclusive rights are limited to specific geographic areas
4. Minimum Performance Requirements: Include when setting specific performance targets or minimums
5. Export Control: Required when the agreement involves international trade
6. Data Protection: Include when personal data processing is involved
7. Insurance Requirements: Include when specific insurance coverage is required
8. Force Majeure: Optional but recommended for longer-term agreements
1. Schedule 1 - Specified Rights: Detailed description of the non-exclusive rights being granted
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
3. Schedule 3 - Technical Specifications: Technical requirements or specifications if applicable
4. Schedule 4 - Service Levels: Performance metrics and service levels if applicable
5. Appendix A - Approved Forms: Standard forms or templates to be used under the agreement
6. Appendix B - Reporting Requirements: Templates and specifications for required reports
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Software Development
Media and Entertainment
Retail
Distribution
Professional Services
Healthcare
Telecommunications
Automotive
Consumer Goods
E-commerce
Pharmaceuticals
Real Estate
Relevant Teams
Legal
Commercial
Business Development
Operations
Procurement
Sales
Compliance
Risk Management
Intellectual Property
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Commercial Director
Licensing Manager
Partnership Manager
Operations Director
Chief Legal Officer
Procurement Manager
Sales Director
IP Manager
Compliance Officer
General Counsel
Risk Manager
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