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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 in the restaurant space would be when a McDonald's franchisee has a licensing agreement with the McDonald's Corporation that lets them use the company's branding and marketing materials.
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.
3. Trademark license agreement instructions Introduction of Parties. ... Recitals. ... Section 1: Grant of license. ... Section 2: No assignment or transfer. ... (Optional) Section 3: Territory. ... Section 4: Consideration. ... Section 5: Maintenance of records and audit rights. ... Section 6: Term.
Key elements of a software development agreement typically include: Scope of Work. Payments Terms. Warranties and liabilities. Confidentiality and Non-Disclosure. Project Timeline. Termination. Intellectual Property Rights. Support and Maintenance services, and more.
Non-exclusivity clause, non-transferability provision, rights clause, modification clause, breach of contract clause, limitation of liability clause, and governing law clause are crucial clauses that every software license should include.
Within the software license agreement, it will detail where customers can it as well as how and how often it can be installed. Additionally, it should answer questions your customers may have about their ability to copy it, modify it, or redistribute it.
License Agreement Tips Firmly establish ownership. A good contract should clearly state what rights are being granted pertaining to the intellectual property in question. ... Do not overlook definitions. ... Define the royalty system. ... Explain the quality assurance monitoring process. ... Be aware of government regulations.