What documents form part of a licence agreement? What is the order of precedence between documents in a licence agreement?

The order of precedence between the documents forming part of a licence agreement varies from agreement to agreement. In any case, the order of precedence must be clearly defined and the negotiated terms must take precedence over the contractor’s standard terms. In addition, should the licence be a Master Agreement, mention shall be made of the inviolability of the section corresponding to:

  • the Status of CERN,
  • governing law
  • and jurisdiction.

For contracts not based on the General Conditions of CERN Contracts, best practice is to include the following documents in the following order of priority:

  1. The negotiated terms
  2. The Price Enquiry or Invitation to Tender (if applicable)
  3. The CERN Specific Legal Terms
  4. The contractor’s bid (if applicable)
  5. The contractor’s standard terms and conditions