License Agreement
The following agreement concerning use of ValueScope AB's proprietary system for interview
survey measurements of consumer values, below called the System, have been
entered into between
ValueScope AB (EU Corporate Registry No.SE5563037887) domiciled at Essinge Brogata 6,
2tr, 11261 Stockholm, Sweden, below called ValueScope.
and
................................................................................................
domiciled at ...............................
.............................................below called the Licensee.
§1. The System
ValueScope has developed a system for measurement of consumer values, briefly described
in the attached document. All proprietary rights to the System belongs to and will
continue to remain under the sole and exclusive ownership of ValueScope.
The System is designed to be used by market research enterprises when measuring
consumer values and other similar research.
On the terms and conditions contained in this agreement, ValueScope provides the System
to be used by the Licensee during the term of this agreement.
§2. License
ValueScope hereby grants the Licensee /a non-exclusive/exclusive license to use the
System in the Licensee's market research business in .......................... (below
called the Territory) on the terms and conditions mentioned below.
This license is only applicable on the Licensee's own activities and may not be subject
to any sub-license to other parties, neither within the same group as the Licensee nor any
outsiders, if not permitted in writing in advance by ValueScope. The Licensee may
subcontract fieldwork for the System to firms inside and outside the Territory, but not
the analysis of the fieldwork data.
§3. Use of the System
It is understood between the parties that when using the System, user has to follow the
instructions given by ValueScope. Notwithstanding this, the Licensee is, at its own
discretion, free to delete aspects recommended in the System or make amendments which the
Licensee finds appropriate for its certain needs in specific cases. Even when the Licensee
has made such amendments or changes that the Licensee finds appropriate, ValueScope will
be entitled to full reimbursement and full license fee in accordance with this agreement
during the term of this agreement.
§4. Proprietary rights
The Licensee hereby acknowledge that all proprietary rights to the System, in its
present shape as well as in future amended shapes or alternative versions, will be under
the sole and exclusive ownership of ValueScope.
Moreover, the Licensee undertakes to report to ValueScope any possible infringement or
attempted infringement by commercial users against these proprietary rights. When using
the System it is understood between the parties that the Licensee shall in an appropriate
way notify any third party that the System used belongs to ValueScope and that
"Valuescope" is a tradename of ValueScope AB.
§5. License fees and other fees for use
The Licensee agrees to pay the following fees to ValueScope for the use of the System:
All fees will be payable 30 days after invoice from ValueScope. The Licensee agrees to
promptly respond to ValueScope's semi-annual inquiry about the usage of the system during
the past six months which is the basis for its invoice of the above usage fee.
The cost to integrate the System with the computer set-up of the Licensee is borne by
the Licencee.
§6. Secrecy
The Licensee undertakes not to distribute or disclose technical information concerning
the System to any third party to other extent than follows from the actual use of the
System in the Licensee's market research. Thus, it is guaranteed by the Licensee that it
will not as mentioned above disclose or make the System available for use to third
commercial parties, without a written permission from ValueScope in each case. Moreover,
the Licensee undertakes to take reasonable steps to secure this secrecy undertaking among
the Licensee's staff and personnel in order to secure ValueScope's proprietary rights to
the System.
In case the System should be used by third party or in violation with this agreement by
any party within or outside the Licensee's organization and this is considered to be
caused by negligence of the Licensee, the Licensee shall indemnify ValueScope by
compensation corresponding to a normal license fee for that use.
§7. Documentation
All material and documentation relating to the System will be the sole and exclusive
property of ValueScope and shall be returned to ValueScope when this agreement expires.
The Licensee agrees as well, that all copies made for the use of the System will be
delivered to ValueScope when this agreement expires. Moreover, the Licensee undertakes not
to use the System in its business activities after this agreement has expired.
§8. Liability
The Licensee agrees that ValueScope cannot be held liable for any consequences, of
financial character or any other kind, resulting from the use of the System. This means
that ValueScope in no case and under no circumstances can be held responsible for the
result of research made with help of the System. Thus, the Licensee shall in all
situations make the appropriate judgment of the results and data achieved and generally
make its own estimations of responses obtained when using the System, in the same way as
any market research company has to evaluate achieved results.
§9. Assignment
The Licensee may not assign this agreement or any rights herein without the expressed
written permission of ValueScope.
§10. Term of the agreement
This agreement is in force for a first period as from the signing of this agreement
until December 31, 199... Unless either of the parties gives notice for termination no
less than three months before the expiration of the agreement, the agreement will be
extended for one year at each time with the same notice period.
Notwithstanding the foregoing, either party may terminate the agreement in advance
during the term of the agreement in case of the other party's serious breach of contract.
In case of breach of contract termination shall not be carried out if the part in breach
rectifies the breach no less than 14 days after written notice from the party not in
breach.
In case of termination because of breach of contract, the party not in breach is
entitled to damages which is supposed to put the party in the same position as if the
breaching party had fulfilled its obligations in accordance with this agreement. In case
of ValueScope's termination the damages to be paid shall not be less than the contractual
value of this agreement during the term the agreement.
§11. Jurisdiction
This agreement will be interpreted and ruled pursuant to the laws of Sweden.
§12. Miscellaneous
This agreement constitutes the entire agreement between the parties. Any amendment or
addition to this agreement shall be made in writing and signed by both parties.
This agreement has been drawn up in duplicate. Each of the parties has retained one
copy.
Signed for VALUESCOPE AB on the ...... day of ........................, 199.... by
...................................................... / name in block
letters............................................................
and signed for LICENSEE on the ...... day of ........................, 199.... by
....................................................../name in block
letters..............................................................