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Document Description
This document is a copyright license agreement that establishes the terms and conditions of a license granted by a licensor to a licensee. The agreement outlines the definitions of the terms used in the agreement, including royalties, net sales price, products, and the territory. The licensee is granted an exclusive license to reproduce the copyright for the products in the territory during the term. The licensee is also granted a personal non-exclusive license to reproduce the copyrights in advertising and promotional material for the products. The licensee is not allowed to use the copyrights in relation to any goods or services other than the products, and any extension to this agreement to include other products is at the sole discretion of the licensor.
The licensee is responsible for ensuring that the products conform to the standards of quality and any statutory or regulatory requirements applicable in the territory. The licensee must also ensure that the products are not defective and are made of materials suitable for their intended use. The licensor will inform the licensee of the standards of quality at the beginning of the agreement and any modifications to the standards during the term.
The licensee is required to pay royalties to the licensor, as specified in the agreement, and observe and perform all obligations under the agreement. The method of payment for the royalties is specified in clause 6. The upfront fee is the payment made on account of the royalties. The net sales price is the price charged or invoiced for any product after allowing for normal trade discounts and any credits given by the licensee for defective goods but excluding insurance, carriage, packaging, and any taxes or duties on the products.
This agreement is entered into by reference to provisions contained in a sale and purchase agreement between the licensor and the licensee. The licensor is the legal and beneficial owner of the copyright in the work entitled in the agreement, and the agreement specifies brief particulars of the work. The commencement date of the agreement is specified in schedule 1. The licensor and licensee are defined as parties one and two, respectively.
In conclusion, this document establishes the legal terms and conditions of a license granted by a licensor to a licensee to reproduce the copyright in the products during the term in the territory, subject to specific conditions of use and quality of products, payment of royalties, and observance of obligations under the agreement. The document defines the terms used in the agreement and specifies the schedule, parties, and commencement date of the agreement.
How to use this Document?
This document is a Copyright Licence Agreement between two parties, the Licensor and the Licensee, where the Licensor grants the Licensee a license to use and reproduce copyrighted work on certain terms and conditions. To use this document, follow these steps:
1. Read the introductory clauses to understand the context and purpose of the agreement. The Licensor is the legal and beneficial owner of the copyrighted work, and this agreement has been entered into by reference to a sale and purchase agreement between the parties.
2. Review the definitions in clause 1 to understand the key terms used in the agreement. These definitions include the Commencement Date, Copyrights, Method of Payment, Net Sales Price, Products, Quarter Day, Restricted Information, Royalties, Standards of Quality, Term, Territory, and Upfront Fee.
3. Understand the interpretation of the agreement in clause 2, which clarifies that clause headings are for ease of reference only and that any reference to an enactment includes reference to it as already amended and includes future re-enactments and/or amendments.
4. Review the license granted in clause 3, which grants the Licensee a personal non-exclusive license to reproduce the Copyrights on or in relation to the Products during the Term in the Territory. The Licensee must pay the Royalties to the Licensor and perform all obligations under this agreement. The Licensee may use the Copyrights in advertising and promotional materials for the Products but may not use them in relation to any other goods or services. The Licensee may not actively solicit orders for the Products outside the Territory, but it may accept unsolicited orders from other countries.
5. Understand the conditions of use and quality of Products in clause 4. The Licensee must use the Copyrights only in relation to Products that conform to the Standards of Quality, meet any statutory or regulatory requirements applicable within the Territory, and are not defective or constructed of dangerous materials. The Licensor must inform the Licensee of the Standards of Quality at the commencement of the agreement and any modifications.
6. Check Schedule 1 to identify the brief particulars of the copyrighted work, the Products, the Royalties, the Territory, and the Commencement Date. The Schedule also specifies the Method of Payment, the Upfront Fee, and the Standards of Quality.
By following these steps, you can use this Copyright Licence Agreement to grant a license to use and reproduce copyrighted work to another party.
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