The Non Commercial License Software Agreement is essential when software creators want to make their work available for educational, research, or other non-commercial purposes while maintaining control over their intellectual property. This U.S.-based agreement typically includes specific provisions about permitted uses, restrictions on commercial exploitation, attribution requirements, and liability limitations. It's particularly relevant in academic and research contexts, where software sharing is common but needs to be governed by clear legal frameworks. The agreement ensures compliance with U.S. copyright law, state contract laws, and relevant federal regulations while providing clarity on usage rights and restrictions.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement and purpose of the software license
3. Definitions: Key terms used throughout the agreement including 'Software', 'Non-Commercial Use', 'Intellectual Property Rights'
4. Grant of License: Scope and nature of the license being granted, including usage limitations
5. Restrictions: Specific prohibited uses and activities
6. Intellectual Property Rights: Ownership and protection of IP rights in the software
7. Term and Termination: Duration of license and conditions for termination
8. Warranty Disclaimer: Disclaimer of warranties and 'as-is' provisions
9. Limitation of Liability: Limits on licensor's liability for damages
1. Support and Maintenance: Terms for technical support and maintenance services, if offered by the licensor
2. Data Protection: Provisions regarding data handling, privacy, and compliance with data protection laws
3. Export Controls: Compliance requirements with US export regulations and international trade laws
4. Attribution Requirements: Specific requirements for acknowledging the original creator in any use or distribution
5. Modification Rights: Terms and conditions regarding permitted modifications to the software
1. Schedule 1 - Software Description: Detailed technical description of the licensed software and its components
2. Schedule 2 - Installation Guidelines: Technical requirements and step-by-step installation procedures
3. Schedule 3 - Acceptable Use Policy: Detailed guidelines defining acceptable and prohibited uses of the software
4. Schedule 4 - Third-Party Components: List of third-party software components and their respective licenses
5. Schedule 5 - Data Processing Terms: Detailed terms and conditions for data handling and processing
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