The Non Commercial Use License serves as a crucial legal instrument in South Africa for organizations and individuals seeking to share their intellectual property, content, or materials while maintaining control over their commercial rights. This document is particularly relevant when rights holders wish to allow their work to be used for educational, research, or other non-profit purposes while explicitly prohibiting any commercial exploitation. The agreement, governed by South African law, includes essential elements such as scope of permitted use, attribution requirements, and termination provisions, ensuring compliance with the Copyright Act No. 98 of 1978 and other relevant legislation. It's commonly used by educational institutions, content creators, and research organizations to facilitate knowledge sharing while protecting their intellectual property rights.
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1. Parties: Identification of the licensor and licensee, including full legal names and contact details
2. Background: Context of the license agreement, description of the licensed material, and purpose of the non-commercial use arrangement
3. Definitions: Clear definitions of key terms, especially 'non-commercial use', 'licensed material', and other important concepts
4. Grant of License: Specific rights being granted, explicitly stating the non-commercial nature and limitations
5. Restrictions on Use: Clear outline of prohibited uses, especially commercial activities and other restrictions
6. Intellectual Property Rights: Affirmation of the licensor's ownership and intellectual property rights
7. Term and Termination: Duration of the license and circumstances under which it can be terminated
8. Warranties and Disclaimers: Limited warranties regarding ownership and right to license, disclaimers of other warranties
9. Indemnification: Licensee's obligations to indemnify licensor for unauthorized use or breaches
10. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Attribution Requirements: Required when the licensor wants specific attribution for the licensed material
2. Reporting Requirements: Used when the licensor requires periodic reports on usage of the licensed material
3. Quality Control: Included when the licensed material must be used according to specific quality standards
4. Sub-licensing: Needed when addressing whether sub-licensing is permitted (usually prohibited in non-commercial licenses)
5. Data Protection: Required when personal data processing is involved in the license implementation
6. Export Control: Necessary when the licensed material may be subject to export control regulations
7. Modifications: Used when addressing whether the licensee can modify the licensed material
1. Schedule A - Licensed Material: Detailed description and/or listing of the material being licensed
2. Schedule B - Approved Uses: Specific examples and scenarios of permitted non-commercial uses
3. Schedule C - Attribution Requirements: Detailed attribution requirements and formatting guidelines if applicable
4. Schedule D - Technical Requirements: Any technical specifications or requirements for using the licensed material
5. Appendix 1 - Contact Details: Detailed contact information for both parties and their representatives
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