Although the terms of the licensing agreements vary, both parties must agree on the following sub-agreements. In the licensing agreement, as with other types of contracts, there may be sub-agreements. For example, the licensee may require a confidentiality agreement to prevent the licensee from disclosing proprietary product features or processes to others. The taker may require the donor to sign a non-compete agreement to prevent the donor from breaking the agreement by allowing another person to sell the product in the exclusive territory of the taker. For example, a tenant may cede a lease to someone else, while a licensee cannot transfer a license. In some cases, a contractual license could come from an Estoppel, i.e. if one party relied on the promises made by another to its detriment (and there can be no written agreement). For example, an Estoppel license is created when a life member is tempted to think that he or she will be able to stay in a new home for a long time and, on that basis, abandons his former tenant or former home or spends money on the new home. In such a situation, it would be unfair for the person to be deported in the short term (as would be the case if he were just a licensee). In this case, the courts may grant the occupier a long notice period. The courts will be flexible and will attempt to do justice based on the circumstances of each case.  License.
The license itself is described, with details on the time limits (one year?), the scope (U.S., global?) of the license, and the assertion of exclusivity. Details of what the licensee can do with the license (use, sale, sublicensing, distribution and export, etc.). The licensing agreement should contain a language dealing with the issue of property disputes. What happens, for example, if someone challenges ownership of a trademark you have licensed? Or, what happens if someone plagiarizes the copyrighted work that is licensed? Both parties to the licensing agreement should agree on how to deal with these issues. Ashely Brewer, brewLong`s lawyer: “Licensing contracts are like leases. Many things depend on the ownership and the relationship between the parties. Licensing agreements cover a large number of known situations. For example, a retailer could enter into an agreement with a professional sports team for the development, manufacture and sale of goods bearing the sports team logo. Or a small manufacturer could concede a production technology owning a larger company to gain a competitive advantage rather than investing the time and money to develop its own technology. Or a greeting card company can agree with a movie distributor to create a series of greeting cards that carry the image of a popular animated character. Access to Harvard`s innovations should be as simple as possible. Our licensing agreements are fair and reasonable, and experienced OTD employees will work with you to help you achieve your business goals. To give you an idea of how these licenses are taking shape, we are pleased to provide you with a series of illustrating examples.
If you have any questions about these examples, please contact us. As noted below, the two main differences between leases and licenses are: attention to definitions.