Clauses In License Agreements

If your license contains an automatic renewal clause, the licensor and licensee should have the right to terminate the contract and terminate the automatic extension; this right should not benefit a single party. It is also useful for the content owner to be required to inform the licensee of the automatic extension, unless the licensee otherwise informs the content owner. However, many content owners would not agree to include the latter clause. Thus, the management of multiple licenses by licensees becomes even more important, so that a license does not continue in automatic license agreements without realizing it. Museum as a licensee: Make sure that the owner of the content has all the necessary rights for the content to be granted to you and that there are no restrictions on these rights. Formulations such as “to the best knowledge of the licensor” are not acceptable. If the licensor cannot guarantee that they can give you a license, look for a licensor to do so. Museum as a licensor: you can only grant content if you have the rights or if you have the power to grant others. Always check if you own the rights, for example for works in your collections and works created by liberal professions. By owning the physical work or paying a freelancer who works for you, your museum does not automatically own the copyright in these works. That`s the reason “it`s out of my control” why I don`t perform under license. A hurricane has just wiped out your sperm plants for the year, and you have no seeds to deliver or sell; Your chemical plant has just ignited.

Things happen, and this fact of life should be taken into account in the treaty. The key is to determine what is needed after entry into force majeure to get the licensed product out of the door or merchandise to the licensee as quickly as possible. Technically, a French term literally means “greater strength.” Duration and termination: this clause defines the period for which a licence is granted to the licensee. The agreement shall fix the date on which it enters into force and the date on which it ceases to exist. The license may be renewed from time to time, depending on the conditions set out in the agreement or according to the will of the parties. The duration of the licence shall be determined by the parties taking into account their respective advantages. The termination of a contract depends mainly on two factors: for convenience and for an important reason. Generally speaking, the parties do not prefer to grant the counterparty the right to terminate the contract, as this may result in a loss for the other party, who may have invested a large sum of money to value the licensee or the rights granted. The contract may also be terminated with immediate effect by one party if the other party submits an act contrary to a provision of the treaty. This clause also sets out the effects in the event of termination of the licence for any reason. However, for the consensual termination of the contract, the party terminating the contract may be required to announce in advance a certain period before such termination takes effect. Many agreements use the term “authorized user” to refer to a sub-licensor or end user such as a researcher or the general public.

Penalty for lack of diligence: license converted into nonexclusive______Licensor can name Licensees______ The owner of the content may contain certain exclusions of liability, for example. B that it does not guarantee that the content is accessible in any particular hardware or via any particular computer software. . . .

This entry was posted in Geen categorie. Bookmark the permalink.