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Commercial Licensing Agreement

Commercial Licensing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Commercial Licensing Agreement

"I need a Commercial Licensing Agreement for my software company to license our cloud-based accounting software to enterprise clients across Asia-Pacific, with implementation starting March 2025 and including provisions for technical support and source code escrow."

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Document background
This Commercial Licensing Agreement template is designed for use in New Zealand business contexts where one party (licensor) wishes to grant another party (licensee) the right to use specific intellectual property, technology, or proprietary assets. The document is structured to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant intellectual property legislation. It is particularly useful for businesses engaging in technology transfer, software licensing, brand licensing, or any scenario requiring formal permission to use proprietary assets. The agreement includes comprehensive provisions for protecting intellectual property rights, establishing commercial terms, ensuring quality control, and defining the parameters of the licensed rights, while incorporating necessary safeguards and compliance measures specific to New Zealand's commercial environment.
Suggested Sections

1. Parties: Identifies and provides full legal details of the licensor and licensee

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Grant of License: Specifies the scope, nature, and limitations of the license granted

5. License Fees and Payment Terms: Details the financial terms, payment schedule, and related obligations

6. Term and Termination: Specifies the duration of the agreement and circumstances for termination

7. Intellectual Property Rights: Clarifies ownership and protection of intellectual property

8. Confidentiality: Establishes obligations regarding confidential information

9. Warranties and Representations: States the promises and guarantees made by each party

10. Limitations of Liability: Defines the extent and limits of each party's liability

11. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

Optional Sections

1. Quality Control: Required when the license involves branded products or services requiring specific quality standards

2. Territory Restrictions: Needed when the license is limited to specific geographic areas

3. Sub-licensing Rights: Include when the licensee may have rights to sub-license

4. Performance Requirements: Required when the license includes minimum sales or usage targets

5. Source Code Escrow: Relevant for software licensing agreements

6. Technical Support and Maintenance: Include when ongoing support is part of the license

7. Data Protection: Required when the licensed product involves personal data processing

8. Export Control: Needed for licenses involving international trade or restricted technologies

Suggested Schedules

1. Schedule 1 - Licensed IP: Detailed description of the intellectual property being licensed

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, royalties, and payment terms

3. Schedule 3 - Technical Specifications: Technical details of the licensed product or technology

4. Schedule 4 - Service Levels: Performance standards and metrics if applicable

5. Schedule 5 - Approved Use Cases: Specific permitted uses of the licensed material

6. Schedule 6 - Territory Definition: Detailed description of geographic territories if applicable

7. Appendix A - Brand Guidelines: Guidelines for using licensed brands or trademarks

8. Appendix B - Support Services: Details of technical support and maintenance services if included

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

alex.den.21@genieai.co
Relevant legal definitions










































Clauses









































Relevant Industries

Technology & Software

Manufacturing

Media & Entertainment

Pharmaceuticals & Healthcare

Retail & Consumer Goods

Professional Services

Education & Training

Research & Development

Telecommunications

Biotechnology

Relevant Teams

Legal

Commercial

Intellectual Property

Business Development

Finance

Operations

Research and Development

Compliance

Risk Management

Information Technology

Product Development

Relevant Roles

Legal Counsel

Commercial Director

Licensing Manager

Intellectual Property Manager

Business Development Manager

Chief Technology Officer

Contract Administrator

Compliance Officer

Chief Financial Officer

Operations Manager

Product Manager

Research and Development Director

Chief Executive 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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