The Exclusive Perpetual License agreement under Belgian law is designed for situations where a party wishes to obtain permanent, exclusive rights to use specific intellectual property while the original owner retains ownership. This document type is particularly crucial for strategic business relationships involving valuable IP assets, whether in technology, manufacturing, or creative industries. The agreement must comply with Belgian intellectual property laws and EU competition regulations, particularly regarding the exclusive nature of the license. It typically includes detailed provisions on scope, territory, field of use, quality control, and technical specifications. The perpetual nature of the license requires careful consideration of termination provisions, which are typically limited to fundamental breaches or specific trigger events. This agreement format is commonly used in significant business transactions where the licensee requires long-term security and exclusivity for their investment in commercializing the licensed IP.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement, description of the intellectual property, and parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of License: Scope of the exclusive perpetual license, including territory and field of use
5. Exclusivity Provisions: Terms of exclusivity, licensor's restrictions, and competition law compliance
6. License Fee and Payment Terms: Financial terms, including upfront payments, royalties if any, and payment mechanics
7. Intellectual Property Rights: Ownership confirmation, protection of IP rights, and handling of improvements
8. Warranties and Representations: Parties' warranties, especially regarding IP ownership and right to license
9. Maintenance and Support: Obligations regarding maintaining the licensed IP and providing technical support
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Term and Termination: Perpetual nature, conditions for termination for breach, and post-termination obligations
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, etc.
1. Quality Control: Required when licensed IP includes trademarks or requires quality standards
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the IP
3. Export Control: Required when licensed technology may be subject to export restrictions
4. Source Code Escrow: Include for software licenses where source code access may be needed
5. Data Protection: Required when personal data processing is involved
6. Anti-Corruption: Include for international licensing arrangements
7. Insurance: Include when specific insurance coverage is required for licensed activities
1. Schedule 1 - Licensed Intellectual Property: Detailed description of all IP covered by the license
2. Schedule 2 - Technical Specifications: Technical details and performance requirements of licensed IP
3. Schedule 3 - Payment Terms: Detailed payment schedules, calculation methods for royalties if applicable
4. Schedule 4 - Support and Maintenance Services: Detailed scope of support and maintenance obligations
5. Schedule 5 - Quality Standards: Quality control requirements and procedures if applicable
6. Appendix A - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
7. Appendix B - Territory Definition: Detailed description of geographic scope of license
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