Licensing Agreement Grant Definition

It`s easy to get overboard when you`re asking for guarantees and benefits. It is not reasonable for one of the parties to require or pay an iron guarantee allowance that is not determinative of the licensing and necessary use of licensed content. Automatic renewal can be done for certain events such as the payment of an annual fee or an increased tax from the previous year. In the event of an increase in the licence fee, a licensee should ensure, upon signing the original agreement, that the amount is reasonable and that it is within its budget. I`m not going to do that. B, an agreement based on a two-year period could be automatically extended by two years, unless one party informs the other party within a specified period before the agreement expires. Another example of an automatic renewal clause may be an amendment: If one of the parties wishes to extend, it must inform the other party, six months before the end of the agreement, of the terms to be renegotiated with the current terms until a new licence is agreed, or one year from the termination date, depending on the shortest period. You can negotiate and develop any type of automatic renewal clause that works for both parties to the license and is agreed upon by those parties. Because of the legal basis they have to cover, some licensing agreements are quite lengthy and documents complex. But most of these agreements cover the same fundamentals. These include the scope of the agreement, including restrictions on exclusivity or territories; financial aspects, such as necessary advances, royalties and royalty calculations; Guarantees for minimum sales Calendars with “on-the-market” dates, contract duration and renewal options; the lessor`s rights to quality monitoring and control, including procedures to follow; Minimum inventories that need to be maintained and returns and allowances. The owner of the content may include certain disclaimers, for example. B it does not guarantee that the content is accessible in a specific hardware or via specific software.

The owner of the content may also expressly state that it does not guarantee the accuracy or completeness of the information contained in the content, nor their accessibility or suitability for a specific use. In general, the owner of the content (with the exception of individual owners) will do everything in his power to ensure that his server is available 24 hours a day, with the exception of normal network administration and system downtime, and limits his responsibility for restoring access. Some liability clauses limit the licensee`s liability to no more than the fee paid – something you might want to discuss with your institution`s lawyer. Some publicly funded organizations (for example. B in the United States) are not allowed to sign limited liability agreements, which may affect your license. The clauses discussed in this chapter are presented in an order that must make sense to review an agreement from start to finish. You`ll find another order in your licenses. Different agreements deal with permanent access in different ways.

Some licenses do not address this problem at all. Some mentioned that the content owner will continue, at his sole discretion, to grant access or that the parties will work together to develop a mutually acceptable pathway for access to content. Some offer access to licensed content “as long as possible” or provide archive content on a DVD. Another option is to allow continuous access to all content granted under the terms of the original license. One of the frequently debated issues regarding the licensing of digital content is the permanent or permanent access to content at the expiry of the license.