This Perpetual License Agreement template is designed for use under New Zealand law when parties seek to establish a permanent licensing arrangement for intellectual property, software, or technology. It's particularly suitable for significant commercial transactions where the licensee requires guaranteed long-term access to the licensed material. The document incorporates requirements from New Zealand's Contract and Commercial Law Act 2017, Copyright Act 1994, and other relevant legislation. It includes comprehensive provisions for initial implementation, ongoing maintenance, technical support, and usage rights, while protecting the licensor's intellectual property interests. The agreement is structured to provide clarity on perpetual usage rights while establishing clear boundaries and obligations for both parties.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including brief description of the licensed material and purpose
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of License: Scope and nature of the perpetual license, including territory and any field-of-use restrictions
5. License Fees: One-time payment terms and any ongoing maintenance fees
6. Intellectual Property Rights: Ownership and protection of IP rights in the licensed material
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the licensed material
8. Technical Support and Maintenance: Terms of ongoing support and maintenance services, if any
9. Warranties and Representations: Warranties regarding ownership, non-infringement, and performance
10. Limitation of Liability: Limitations on liability and exclusions of damages
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Term and Termination: Duration of the agreement and limited circumstances for termination
13. Effects of Termination: Consequences and obligations upon termination
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Source Code Escrow: Required if source code is to be held in escrow as security
2. Data Protection: Required if personal data processing is involved in the licensed material
3. Export Control: Required for international licensing of controlled technology
4. Training and Implementation: Required if the license includes initial setup and training services
5. Audit Rights: Required for licenses where usage monitoring is important
6. Third Party Components: Required if the licensed material includes third-party elements
7. Service Level Agreement: Required if specific performance levels are guaranteed
8. Sub-licensing Rights: Required if licensee is permitted to sub-license
1. Schedule 1 - Licensed Material: Detailed description of the licensed software, content, or technology
2. Schedule 2 - Technical Specifications: Technical requirements and specifications of the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Support and Maintenance Services: Detailed description of support services and service levels
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Appendix A - Acceptance Testing: Testing procedures and acceptance criteria if applicable
7. Appendix B - Security Requirements: Security standards and requirements for using the licensed material
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Media and Entertainment
Manufacturing
Healthcare
Financial Services
Telecommunications
Education
Research and Development
Biotechnology
Engineering
Professional Services
Relevant Teams
Legal
Information Technology
Procurement
Commercial
Risk and Compliance
Software Development
Product Management
Operations
Business Development
Finance
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Commercial Manager
Software Licensing Manager
Chief Technology Officer
IT Director
Product Manager
Contract Administrator
Business Development Manager
Risk Manager
Compliance Officer
Software Development Manager
Chief Information Officer
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