This Perpetual Irrevocable License agreement is designed for situations where a permanent, non-revocable transfer of usage rights is required while maintaining the original ownership of the intellectual property. It is particularly suitable for long-term strategic partnerships, technology transfers, or software implementations where the licensee needs guaranteed continuous access to the licensed material. The agreement complies with Austrian legal requirements, including the ABGB and relevant IP laws, and addresses key aspects such as scope of use, warranties, liability, and dispute resolution. This document is commonly used in technology transfers, software licensing, patent licensing, and other scenarios requiring permanent rights allocation while maintaining the licensor's underlying ownership rights.
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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
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Detailed description of the license grant, explicitly stating its perpetual and irrevocable nature
5. Scope of License: Specific rights granted, permitted uses, and any territorial restrictions
6. Payment Terms: One-time payment details or ongoing royalties if applicable
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Warranties and Representations: Warranties regarding ownership, right to license, and non-infringement
9. Confidentiality: Protection of confidential information exchanged under the agreement
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
12. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and notices
1. Quality Control: Required when licensing trademarks or brands requiring quality standards
2. Maintenance and Support: Needed when licensing software or technical solutions
3. Sub-licensing Rights: Include when licensee is permitted to sub-license
4. Export Control: Required when licensed material is subject to export regulations
5. Source Code Escrow: Relevant for software licenses where source code access might be needed
6. Data Protection: Required when personal data processing is involved
7. Audit Rights: Include when usage monitoring or royalty verification is needed
8. Competition Law Compliance: Required when license contains restrictions that might affect competition
1. Schedule 1 - Licensed Material: Detailed description of the licensed intellectual property
2. Schedule 2 - Technical Specifications: Technical details and requirements of the licensed material
3. Schedule 3 - Payment Terms: Detailed payment schedule and calculation methods if complex
4. Schedule 4 - Approved Uses: Specific permitted uses and examples of authorized usage
5. Schedule 5 - Quality Standards: Detailed quality requirements if applicable
6. Appendix A - Form of Reports: Templates for any required reporting
7. Appendix B - Contact Details: Key contacts and notice details for both parties
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Research and Development
Biotechnology
Pharmaceuticals
Media and Entertainment
Industrial Design
Telecommunications
Engineering
Education
Healthcare
Automotive
Consumer Electronics
Relevant Teams
Legal
Intellectual Property
Research and Development
Information Technology
Software Development
Business Development
Commercial
Compliance
Technical Operations
Product Development
Innovation
Contracts Administration
Relevant Roles
Chief Technology Officer
Intellectual Property Manager
Legal Counsel
Licensing Manager
Contract Manager
Research Director
Head of Innovation
Patent Attorney
Software Development Manager
Chief Legal Officer
Business Development Director
Technology Transfer Officer
IP Rights Manager
General Counsel
Commercial Director
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