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Non Exclusive Commercial License Template for Australia

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Key Requirements PROMPT example:

Non Exclusive Commercial License

"I need a Non Exclusive Commercial License agreement for licensing our proprietary software to multiple Australian retail businesses, including payment terms of quarterly royalties and the ability for licensees to create custom integrations."

Document background
This Non Exclusive Commercial License agreement is designed for use in situations where a rights holder (licensor) wishes to grant permission to another party (licensee) to use specific intellectual property, technology, or commercial assets while retaining the ability to license the same rights to others. The document is particularly relevant in the Australian legal context, incorporating requirements from key legislation such as the Copyright Act 1968 and Competition and Consumer Act 2010. It provides comprehensive coverage of essential elements including license scope, term, territory, payment terms, quality control measures, and compliance requirements. This type of agreement is commonly used in various commercial contexts, from software licensing to brand merchandise, and can be adapted for different industries while maintaining compliance with Australian legal requirements. The non-exclusive nature makes it particularly suitable for licensors looking to maximize commercial opportunities through multiple licensing arrangements.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee, including full legal names, ACN/ABN, and registered addresses

2. Background: Context of the agreement, description of the licensed property, and the parties' intention to enter into a non-exclusive commercial licensing arrangement

3. Definitions: Key terms used throughout the agreement, including Licensed Property, Territory, Term, Permitted Use, etc.

4. Grant of License: Explicit grant of non-exclusive rights, scope of permitted use, and territory restrictions

5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination

6. License Fees: Payment terms, amounts, frequency, and method of payment

7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the licensed property

8. Licensor Obligations: Responsibilities of the licensor, including maintenance and support if applicable

9. Intellectual Property: Protection of IP rights, ownership declarations, and handling of improvements

10. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement

11. Limitation of Liability: Limits on liability and exclusions of certain types of damages

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Quality Control: Required when licensed property must maintain certain quality standards or compliance requirements

2. Sub-licensing Rights: Include when licensee may be permitted to sub-license under specific conditions

3. Marketing and Promotion: Include when the agreement covers how the licensed property may be marketed or promoted

4. Audit Rights: Include when licensor requires right to audit licensee's use or revenue reporting

5. Data Protection: Required when personal data or confidential information is involved in the license

6. Territory Restrictions: Include when use is limited to specific geographic regions

7. Source Code Escrow: Include for software licenses where source code access might be needed in specific circumstances

Suggested Schedules

1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including specifications, documentation, and any associated materials

2. Schedule 2 - License Fees: Detailed breakdown of all fees, including any royalty calculations or milestone payments

3. Schedule 3 - Technical Requirements: Technical specifications, implementation requirements, or quality standards

4. Schedule 4 - Service Level Agreement: If applicable, details of support, maintenance, and service levels

5. Appendix A - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed property

6. Appendix B - Brand Guidelines: If applicable, guidelines for using any associated branding or trademarks

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























Clauses























Relevant Industries

Technology

Software

Manufacturing

Media and Entertainment

Pharmaceuticals

Biotechnology

Consumer Goods

Education

Research and Development

Retail

Professional Services

Relevant Teams

Legal

Commercial

Business Development

Intellectual Property

Operations

Product Management

Risk and Compliance

Executive Leadership

Finance

Technology

Relevant Roles

Legal Counsel

Commercial Director

Licensing Manager

Business Development Manager

Intellectual Property Manager

Contract Administrator

Chief Technology Officer

Chief Executive Officer

Operations Manager

Product Manager

Compliance Officer

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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