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Parties should determine whether the license will be exclusive, restrictive to certain geographic locations or sectors, and the term of the agreement when defining the scope of a license. Generally, there are three types of licensing agreements: exclusive, sole, or non-exclusive.
The most commonly used licensing agreements will include trademarks, technology, and trade secrets. Many times, these agreements will include more than one form of intellectual property. Many agreements have some similarities, but there are some significant differences as well.
What is a Licensing Agreement? A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.
An option agreement is sometimes used to enable a third party to evaluate the technology and its market potential for a limited time before licensing. Sometimes a license makes the start-up ineligible for certain funding, in which case an option agreement is preferred.
Generally, there are three types of licensing agreements: exclusive, sole, or non-exclusive. In an exclusive license, the licensee is only the party that can use the licensed intellectual property.
Some advantages of software licensing include the 3 Ps of licensing: portability, piracy, and profitability.
Examples of license agreements, include: Example: Walt Disney granting McDonalds a license for McDonalds to co-brand McDonalds Happy Meals with a Disney trademarked character. The license of a technology where the licensee is granted the right to use the licensor's software, or other intellectual property asset.
Begin your license agreement by defining who all parties are. From there, add information about license grants, charges, licensee's obligations, intellectual property rights, limitation of liability, confidentiality, governing law, waivers, etc. End the template with an agreement form to sign.