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Commercial Use Agreement Template for Netherlands

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Key Requirements PROMPT example:

Commercial Use Agreement

"I need a Commercial Use Agreement for licensing our enterprise software platform to business customers in the Netherlands, with specific usage restrictions and a tiered pricing model, planned to take effect from March 2025."

Document background
The Commercial Use Agreement serves as a fundamental legal framework for businesses operating under Dutch jurisdiction who wish to establish clear parameters for the commercial utilization of products, services, or intellectual property. This document is essential when one party grants another the right to use their assets or services for business purposes, requiring detailed terms about usage rights, restrictions, and commercial obligations. The agreement ensures compliance with Dutch Civil Code requirements, EU regulations, and industry-specific standards while protecting both parties' interests. It's particularly relevant in today's digital economy where commercial use of software, content, and services needs careful regulation and clear terms of engagement. The document typically includes comprehensive sections on intellectual property rights, payment terms, usage limitations, and liability provisions, all structured to be enforceable under Dutch law.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Defined terms used throughout the agreement

4. Scope of Use: Detailed description of permitted commercial uses and any restrictions

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Payment Terms: Fees, payment schedule, and invoicing requirements

7. Intellectual Property Rights: Ownership and protection of IP, including any licenses granted

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Guarantees provided by each party regarding their capacity and rights

10. Limitation of Liability: Extent and limitations of parties' liability under the agreement

11. Force Majeure: Circumstances under which performance may be excused

12. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution

13. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

2. Service Levels: Include when specific performance metrics or service standards need to be maintained

3. Insurance: Required when specific insurance coverage needs to be maintained by either party

4. Audit Rights: Include when one party needs the right to audit the other's compliance with the agreement

5. Security Requirements: Include when specific security measures need to be implemented

6. Territory Restrictions: Required when usage rights are limited to specific geographic regions

7. Training and Support: Include when ongoing training or technical support is part of the agreement

8. Change Control: Include when formal procedures for changes to services or products are needed

Suggested Schedules

1. Schedule 1 - Commercial Terms: Detailed pricing, payment terms, and commercial conditions

2. Schedule 2 - Technical Specifications: Detailed technical requirements and specifications of products/services

3. Schedule 3 - Service Levels: Detailed service level requirements and performance metrics

4. Schedule 4 - Security Requirements: Detailed security protocols and requirements

5. Appendix A - Authorized Users: List of authorized users or roles permitted to use the service/product

6. Appendix B - Acceptable Use Policy: Detailed rules and restrictions for use of the service/product

7. Appendix C - Data Processing Agreement: Required GDPR compliance terms if personal data is processed

8. Appendix D - Contact Details: Key contacts for operational, technical, and legal matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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 and SaaS

Professional Services

Manufacturing

Retail

Media and Entertainment

Financial Services

Healthcare

Telecommunications

E-commerce

Consulting

Digital Services

Relevant Teams

Legal

Commercial

Sales

Procurement

Business Development

Compliance

Operations

Contract Administration

Risk Management

Partnership Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Contract Manager

Procurement Manager

Sales Director

Chief Legal Officer

Licensing Manager

Operations Director

Chief Commercial Officer

Account Executive

Legal Operations Manager

Compliance Officer

Partnership 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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