Standard Licence Agreement Template for Australia

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Key Requirements PROMPT example:

Standard Licence Agreement

"I need a Standard License Agreement for licensing our proprietary software to enterprise customers in Australia, with specific provisions for source code escrow and quarterly usage reporting requirements, planned to take effect from March 2025."

Document background
The Standard License Agreement is a fundamental commercial document used in Australian business operations when one party wishes to grant another the right to use their intellectual property, technology, or other proprietary assets while retaining ownership. This agreement type is essential for businesses seeking to monetize their intellectual property or expand their market presence through licensed partnerships. The document incorporates key provisions required under Australian law, including compliance with the Competition and Consumer Act 2010 (Cth) and relevant intellectual property legislation. It is particularly valuable for technology transfers, software licensing, brand licensing, and other commercial arrangements where controlled use of proprietary assets is crucial. The agreement includes comprehensive terms covering license scope, payment structures, quality control, and risk allocation, while remaining adaptable to various commercial contexts and industry requirements.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee, including registered addresses and ACN/ABN numbers

2. Background: Context of the agreement, ownership of the licensed property, and purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of License: Specific rights being granted, including scope, territory, and whether exclusive or non-exclusive

5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination

6. License Fees and Payment: Financial terms, payment schedule, and any royalty calculations

7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the licensed property

8. Quality Control: Standards and requirements for use of the licensed property

9. Intellectual Property Rights: Protection of IP rights, ownership declarations, and infringement procedures

10. Confidentiality: Protection of confidential information exchanged under the agreement

11. Warranties and Indemnities: Representations about the licensed property and allocation of risks

12. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Technical Support: Include when the license includes provision of technical support or maintenance services

3. Source Code Escrow: Include for software licenses where source code access may be required in specific circumstances

4. Geographic Restrictions: Include when the license is limited to specific territories or regions

5. Marketing and Promotion: Include when the agreement covers marketing rights or obligations

6. Audit Rights: Include when licensor requires rights to audit licensee's use or royalty calculations

7. Data Protection: Include when personal data processing is involved in the licensed activities

Suggested Schedules

1. Schedule 1 - Licensed Property: Detailed description of the intellectual property or assets being licensed

2. Schedule 2 - License Fees: Detailed breakdown of all fees, royalties, and payment terms

3. Schedule 3 - Technical Specifications: Technical details and specifications of the licensed property

4. Schedule 4 - Quality Control Standards: Detailed quality control requirements and procedures

5. Schedule 5 - Approved Use Guidelines: Specific guidelines for how the licensed property may be used

6. Appendix A - Brand Guidelines: If applicable, guidelines for use of licensed branding elements

7. Appendix B - Support Services: If applicable, details of technical support or maintenance services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Technology

Software Development

Manufacturing

Retail

Media and Entertainment

Pharmaceuticals

Biotechnology

Consumer Goods

Professional Services

Education

Healthcare

Telecommunications

Research and Development

Fashion and Apparel

Relevant Teams

Legal

Commercial

Intellectual Property

Business Development

Licensing

Compliance

Risk Management

Research and Development

Product Development

Technology Transfer

Corporate Affairs

Operations

Relevant Roles

Legal Counsel

Commercial Manager

Licensing Manager

Intellectual Property Manager

Business Development Director

Chief Technology Officer

Contract Administrator

Compliance Officer

Risk Manager

General Counsel

Commercial Director

Chief Legal Officer

IP Counsel

Technology Transfer Manager

Partnership Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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