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A license grant clause is a contractual provision that establishes one party's (a licensor) agreement to allow another party (a licensee) to use its intellectual property (IP) subject to certain conditions. Generally speaking, a licensor's IP is protected by law against unauthorized use by a third party.
A good analogy is this: perpetual means a string of infinite length; whereas, irrevocable means a string (of any length) that cannot be cut.
An irrevocable license is a license that can only be terminated for reasons specified under the termination provisions. A licensing agreement can declare that the license is irrevocable (except as stipulated in the termination provisions) or revocable (but as stipulated in the termination provisions).
The terms ?irrevocable? and ?perpetual? mean different things. A perpetual license is one that has no given end. An irrevocable license cannot be cut short. Either a perpetual license or a license with a stated term can be either revocable or irrevocable.
One example of an irrevocable offer is an option contract. Option contracts are prevalent in real estate transactions where a renter has the right to purchase the property for a given period of time at a specific price. If the tenant accepts the offer within the timeframe, they will own the property.
If the app or software has to be purchased by the user, they are typically required to agree to the EULA before paying, which means that there is no harm done if the user doesn't agree to the licensing agreement. Some companies include licensing agreements to maintain control of their image.
Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else.
Steps to Draft an End User License Agreement Comprehend Product and Users. ... Ensure Legal Compliance. ... Use Clear and Simple Language. ... Define Scope and Terms. ... Explain License Grant. ... Outline User Responsibilities. ... Clarify Intellectual Property Rights. ... Address Data Privacy.
Although EULAs vary, every EULA should include clauses explaining: The enactment date. The binding nature of the agreement. Your contact details and full business name designation. The governing laws. Permitted and restricted uses. Termination conditions. Warranties and limitation of liability. Related agreements.
Both parties must act within their rights based on applicable laws. Writing a EULA yourself gives you more control over the document, but it can also be time-consuming and complicated. Let's consider some standard solutions for creating a EULA in the next section.