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The most important part of the licensing deal is the exchange of value. To obtain the right to use the licensor's intellectual property, the licensee pays a fee, called a royalty. When drafting a licensing agreement, there are several important issues to discuss.
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.28-May-2019
The parties to a software license agreement typically allocate risk in the agreement through representations and warranties, indemnification, limitations of liability, and insurance provisions.
Examples of Licensing Agreements 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.
List of the Disadvantages of LicensingIt increases opportunities for IP theft.It creates a dependency upon the licensor.It creates added competition in the marketplace.It is offered for a limited time.It could damage the reputation of both parties.It is not a guarantee of revenues.More items...?
A license agreement is a business contract between two parties. The licensor (the seller of the license) owns the asset being licensed and the licensee (the buyer) pays for the right to use the license. The licensee pays the owner in exchange for the right to sell the product or use the technology.
Transfers- This clause restricts the right of licensee to sell, rent, lease, or transfer or assign any of his rights or obligation to any third party under this agreement.
The licensing agreement should explain what the licensee can do with the license. It should say whether the license is exclusive or not. It should also discuss whether the licensor gets to use the license or cedes all rights to the licensee.
7 Factors to Consider When Licensing Intellectual PropertyHow protected is the technology? Before striking out to license some technology, do some research to understand if it's truly protected.Can it give you a significant competitive advantage?Do the math.Why revenue?Length of time.Exclusivity.Termination rights.07-Sept-2021
Reviewing Software License AgreementsLicense: Scope.Deliverables.Source Code.Services Furnished.Disclosure/Access.New IP/Developments.Open Source.Acceptance/Warranties.More items...?