Data, property, finance and security instruments · 07
Licence agreements — software, content and intellectual property
Grants a right to use something without transferring ownership of it.
Grants a right to use something without transferring ownership of it.
The licensed material identified precisely and by version; whether the licence is exclusive, sole or non-exclusive; territory, field of use, term and sublicensing; the fee or royalty and how it is audited; maintenance and support, if any; warranties of title and non-infringement, and the indemnity; escrow where the licensee’s operations depend on the code; and what happens to the licensee’s data on termination.
Under the Copyright Act an exclusive licence must be in writing and signed by the licensor, and an assignment of copyright likewise — an exclusive arrangement concluded by email is not exclusive. Watch too for open-source components inside proprietary software: a copyleft licence deep in the dependency tree can oblige disclosure of code the licensor believes it owns outright.
Related pages, tools and documents
Where this instrument sits in the wider set, and the engagement that produces it.
Start here
Tell us the decision your organisation needs to make.
The first conversation is thirty minutes, confidential and free. You will leave it knowing which of our services you need and which you do not.