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Types of licensing agreement The unique feature of this type of agreement is that even the licensor is excluded to use or exploit the licensed property during the term of the agreement. Copyright, trademark and patent licenses are the best examples of an exclusive license agreement.
Licensing agreements are found in many different industries. An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
A EULA, which may also be referred to as software license, is written to enforce specific use limitations, such as only installing the software on one computer. Some EULAs limit the user's right to copy software, including copying the software for backup purposes.
Precisely identifying which intellectual property will be the subject of the license is necessary to ensure both parties are on the same page and not exceeding their rights.Scope of the Grant.Exclusivity.Territory.Term.Compensation.Termination.Conclusion.
Software licensing terms and conditions usually include fair use of the software, the limitations of liability, warranties and disclaimers. They also specify protections if the software or its use infringes on the intellectual property rights of others. Software licenses typically are proprietary, free or open source.
As a general rule, any well-drafted license agreement should address the following topics:Scope of the grant.Term and renewal.Performance standards and quotas.Payments to the licensor.Quality control, assurance and protection.Insurance and indemnification.Accounting, reports and audits.More items...?
A software license agreement should include the licensor's reservation of all its rights not specifically granted to the licensee and the licensee's acknowledgment of the licensor's ownership of the licensed software. Payment terms.
A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. A software license agreement also defines and protects the rights of the parties involved in a clear and concise manner.
A transferable software license means that the licensee has permission to transfer or delegate some or all of its rights under the license to others. By contrast, a non-transferable software license prohibits the licensee from transferring their license rights or sharing the software with others.