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Domain name licence agreement

Price:  £30.00(Inc. 20% VAT)(£25.00 Exc. VAT)

An agreement providing for the use of a domain name by a person other than the domain owner.

We created this domain name licence agreement template for use in straightforward licensing situations, where the licensee does not benefit from an option to purchase the domain name.

The agreement includes obligations on the licensor to maintain the domain name registration and point the domain name to the servers nominated by the licensee. It includes obligations on the licensee that seek to ensure the licensee's use of the domain name will not compromise the registration of the domain name. It also includes confidentiality and publicity provisions, which may restrict the disclosure of confidential information and the issuing of press releases and other public statements.

  1. Definitions and interpretation
  2. Term
  3. Licence
  4. Licensor's obligations
  5. Licensee's obligations
  6. Charges and payment
  7. Warranties
  8. Limitations and exclusions of liability
  9. Confidentiality and publicity
  10. Termination
  11. Effects of termination
  12. General
The domain name licence is 13 pages long (including the cover sheet) and is provided in Word (.doc) format.
Is there a cap on the liability of the licensee in this template?

There are two different draft liability caps included in the domain name licence.

The first of these limits liability in relation to a particular event. The cap is set at the level of the greater of a specified amount on the one hand, and the total amount paid by the licensee to the licensor under the agreement during a defined period (e.g. 12 months) on the other.

The second cap limits aggregate liability under the agreement. This cap is set at the level of the greater of a specified amount on the one hand, and the total amount paid under the agreement on the other.

Each of the caps my be drafted to protect the licensor, or the licensee, or both.

Where one party indemnifies the other, you should specify in the licence agreement whether the indemnity is subject to the cap or outside the cap. A clause is included in the limitations of liability section to help you do this.

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