This Non Commercial License Software agreement serves as a legal framework for organizations and individuals seeking to distribute or use software for non-commercial purposes under Belgian law. It is particularly suited for academic institutions, research organizations, and developers who wish to make their software available while restricting commercial exploitation. The document addresses key aspects including license scope, usage restrictions, intellectual property rights, and compliance with Belgian and EU regulations. It incorporates necessary provisions for data protection under GDPR, software protection under Belgian copyright law, and considers the specific requirements of the Belgian Civil Code regarding contract formation. This template is designed to protect the interests of software developers while facilitating legitimate non-commercial use in research, education, and other non-profit contexts.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Defined terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', and 'Non-Commercial Use'
4. License Grant: Scope and nature of the license, explicitly stating its non-commercial nature and territorial limitations
5. Restrictions: Specific prohibited activities and usage limitations, including commercial use restrictions
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. User Obligations: Licensee's responsibilities regarding software use, security, and compliance
8. Term and Termination: Duration of the license and circumstances for termination
9. Warranty Disclaimer: Limited or no warranty provisions for the software
10. Liability Limitation: Limitations on licensor's liability under Belgian law
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Data Protection: Required if the software processes personal data, ensuring GDPR compliance
2. Third-Party Components: Include when the software contains third-party libraries or components
3. Export Controls: Necessary if the software is subject to export regulations
4. Open Source Components: Required if the software incorporates open-source elements
5. Installation and Deployment: Include if specific installation requirements or procedures exist
6. Support and Updates: Optional section detailing any support or update provisions, if offered
7. Academic Use: Include specific provisions for academic or research use cases
8. Contribution Terms: Include if accepting user contributions or modifications to the software
1. Schedule 1 - Software Description: Technical description of the software, including version number and components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - Acceptable Use Policy: Detailed guidelines for acceptable non-commercial use
4. Appendix A - Installation Guide: Step-by-step installation and configuration instructions
5. Appendix B - Third-Party Licenses: Copies of relevant third-party licenses and attributions
6. Appendix C - Data Processing Terms: Detailed data processing terms if required for GDPR compliance
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