The Master License Agreement is essential for businesses seeking to establish a structured framework for licensing intellectual property or technology under Belgian law. This document is particularly relevant when a company plans to license its assets to multiple parties or needs a comprehensive agreement that can accommodate various types of licenses through supplementary schedules. The agreement incorporates Belgian civil law requirements and EU regulations, particularly concerning data protection (GDPR), competition law, and intellectual property rights. It typically includes detailed provisions on license scope, fees, maintenance, support, confidentiality, and liability limitations. The Master License Agreement is designed to serve as a long-term framework, reducing the need for multiple individual agreements while ensuring consistent terms across different licensing relationships.
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1. Parties: Identification and details of the contracting parties, including registered offices and company numbers as required under Belgian law
2. Background: Context of the agreement and brief description of parties' business and intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including language provisions (important in Belgian context)
4. Grant of License: Scope of license, including type (exclusive/non-exclusive), territory, and permitted uses
5. License Fees and Payment: Payment terms, fee structure, invoicing, and payment methods
6. Protection of Intellectual Property Rights: IP ownership, protection measures, and infringement procedures
7. Licensee Obligations: Core obligations of the licensee including usage restrictions and compliance requirements
8. Licensor Obligations: Core obligations of the licensor including delivery and maintenance
9. Term and Termination: Duration, renewal terms, and termination rights
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Warranties and Representations: Standard warranties and specific IP warranties
13. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with Belgian law
14. Force Majeure: Force majeure events and consequences
15. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction details
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Support Services: Include when the license includes technical support or maintenance services
2. Quality Control: Include for trademark licenses or when licensed products require quality standards
3. Source Code Escrow: Include for software licenses where source code escrow is required
4. Training and Documentation: Include when training or documentation is part of the license
5. Export Control: Include for international licensing dealing with regulated technologies
6. Audit Rights: Include when licensor requires right to audit licensee's use
7. Sublicensing Rights: Include when sublicensing is permitted
8. Territory Restrictions: Include specific territory restrictions when applicable
9. Competition Law Compliance: Include specific provisions for compliance with EU competition law when relevant
1. Schedule 1 - Licensed Material: Detailed description of licensed intellectual property
2. Schedule 2 - Technical Specifications: Technical requirements and specifications for the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
4. Schedule 4 - Service Level Agreement: Performance metrics and service levels if applicable
5. Schedule 5 - Approved Sublicensees: List of approved sublicensees if sublicensing is permitted
6. Schedule 6 - Security Requirements: Security standards and requirements for handling licensed material
7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
8. Appendix B - Support and Maintenance Terms: Detailed support and maintenance provisions if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Healthcare
Financial Services
Education
Telecommunications
Media and Entertainment
Pharmaceutical
Biotechnology
Automotive
Retail
Professional Services
Research and Development
Relevant Teams
Legal
Intellectual Property
Compliance
Procurement
Information Technology
Research and Development
Business Development
Commercial Operations
Risk Management
Contract Administration
Relevant Roles
Legal Counsel
IP Lawyer
Contract Manager
Licensing Manager
Chief Legal Officer
Chief Technology Officer
Commercial Director
Business Development Manager
Procurement Manager
Compliance Officer
IP Rights Manager
General Counsel
Technology Transfer Officer
Legal Operations Manager
Risk Manager
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