The Non-Exclusive Commercial License Agreement is essential for businesses operating in Austria who wish to monetize their intellectual property, technology, or other assets while maintaining the flexibility to grant similar rights to multiple users. This document is particularly relevant when the licensor wants to maximize commercial opportunities by licensing to multiple parties while retaining ownership and control of their assets. The agreement must comply with Austrian legal requirements, including the ABGB, UGB, and relevant intellectual property laws. It typically includes detailed provisions on usage rights, territory restrictions, quality control, payment terms, and compliance with Austrian commercial regulations. This type of agreement is commonly used for software licensing, technology transfer, brand licensing, and other commercial arrangements where exclusive rights are not required or desired.
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Key Requirements PROMPT example:
Non Exclusive Commercial License
"I need a Non Exclusive Commercial License Agreement under Austrian law for licensing our proprietary software to multiple enterprise customers, with quarterly royalty payments of 8% of net sales and the right to sublicense in EU countries only."
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OR
1. Parties: Identification of the licensor and licensee with full legal names, registration details, and addresses
2. Background: Context of the agreement, description of the licensed property, and parties' authority to enter into the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the non-exclusive license, including scope, territory, and permitted uses
5. License Fee and Payment Terms: Financial terms, payment schedule, currency, and payment methods
6. Duration and Term: Initial term, renewal options, and termination dates
7. Licensor's Obligations: Responsibilities of the licensor, including delivery of materials and technical support if applicable
8. Licensee's Obligations: Responsibilities and restrictions on the licensee's use of the licensed property
9. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
10. Quality Control: Standards and requirements for use of the licensed property
11. Representations and Warranties: Standard warranties regarding ownership, authority, and non-infringement
12. Limitation of Liability: Limitations on parties' liability in accordance with Austrian law
13. Termination: Grounds for termination, notice requirements, and consequences of termination
14. Confidentiality: Protection of confidential information exchanged during the license period
15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Sublicensing Rights: Include when licensee is permitted to sublicense the licensed property to third parties
2. Territory Restrictions: Include when the license is limited to specific geographic regions
3. Minimum Performance Requirements: Include when the license requires minimum sales or usage levels
4. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
5. Source Code Escrow: Include for software licenses where source code access may be required
6. Data Protection: Include when personal data processing is involved in the license arrangement
7. Export Control: Include when licensed property may be subject to export restrictions
8. Insurance Requirements: Include when specific insurance coverage is required for the licensed activities
9. Audit Rights: Include when licensor requires right to audit licensee's use or payments
10. Competition Law Compliance: Include when license terms need specific competition law considerations
1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including technical specifications or drawings
2. Schedule 2 - License Fees: Detailed breakdown of fees, royalty calculations, and payment terms
3. Schedule 3 - Technical Requirements: Technical specifications or requirements for using the licensed property
4. Schedule 4 - Quality Control Standards: Detailed quality control requirements and procedures
5. Schedule 5 - Support Services: Description of any technical support or maintenance services included
6. Appendix A - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed property
7. Appendix B - Trademark Usage Guidelines: Guidelines for proper use of any licensed trademarks or branding
8. Appendix C - Territory Map: Visual representation of licensed territory if geographically restricted
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing
Pharmaceuticals & Healthcare
Media & Entertainment
Retail & Consumer Goods
Telecommunications
Automotive
Biotechnology
Industrial Equipment
Fashion & Luxury Goods
Energy & Utilities
Professional Services
Relevant Teams
Legal
Commercial
Business Development
Intellectual Property
Sales
Operations
Compliance
Research & Development
Strategy
Product Management
Finance
Corporate Development
Relevant Roles
Legal Counsel
Commercial Director
Licensing Manager
Business Development Manager
Intellectual Property Manager
Contract Administrator
Chief Technology Officer
Chief Legal Officer
Compliance Officer
Product Manager
Sales Director
Operations Manager
Innovation Director
Strategy Manager
Partner (Law Firm)
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