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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 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.
Options ? An option agreement gives the industry partner opportunity to evaluate the technology and its value prior to finalizing the decision to license it and pay the licensing fee. It should be noted that if you sign an option agreement you do not gain the rights to commercialize the technology.
What is product licensing? Product licensing is a legal agreement between two organizations in which a product's copyright holder allows another company to sell the product in a designated region. The company selling the product may compensate the rights holder through a flat fee, a percentage of sales or both.
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.
The difference between an End User License Agreement (EULA) and a Software License Agreement (SLA) depends on intended usage. The EULA generally governs the continuous use of the software by a group of individuals. Meanwhile, an SLA targets a specific entity for a finite period.
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.
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.
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.
Some advantages of software licensing include the 3 Ps of licensing: portability, piracy, and profitability.