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Sublicensee means any permitted sublicensee of the rights granted Company under this Agreement, as further described in Section 2.2. License means any Copyright License, Patent License, Trademark License or other license of rights or interests now held or hereafter acquired by any Credit Party.
If the license is an exclusive license, it generally includes a right to grant sublicenses because the licensee is paying for the ability to control the technology in the market. In the case of non-exclusive licenses, however, the licensee may or may not have the right to grant sublicenses.
Negotiating a licensing agreement Know at all times what you want from the negotiations. Understand the company's position. Demonstrate personal and professional integrity. Find the courage to end negotiations rather than accept poor terms.
The key difference between a license and an assignment is that an assignment transfers rights away from the original copyright or patent holder. Whereas the licensor retains ownership of the intellectual property rights, the assignor gives up the rights entirely.
An assignment transfers the benefit of a contract from one party to another, but only the benefit, not the burden. In contrast, a novation will transfer both the benefit and the burden of a contract from one party to another. A novation creates a new contractual relationship - a 'new' contract is entered into.
Sublicense Agreements (Intellectual Property) Through a Sublicense Agreement, a license, consisting of rights to use or access property that had been licensed by a third party to the granting party (the sublicensor), is granted to a sublicensee.
Assignment is a legal term whereby an individual, the ?assignor,? transfers rights, property, or other benefits to another known as the ?assignee.? This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights/property/benefits being transferred.
The issue here is that with a sublicense, the person sublicensing it keeps a license right, therefore effectively creating two licensees. With an assignment, only one right is assigned, and the assignee is the one who has possession of the license.