Comments on: F|R Crib Sheet: Key Terms of a Licensing Agreement

By: Randy Weber » Blog Archive » Good Layman’s Explanation of a Licensing Agreement

Tue, 01 Jul 2008 22:13:14 +0000

[...] Parkhill on GigaOM wrote a nice explanation of licensing agreement. It explains nicely all the obscure legalese that marketing people like to avoid. It’s worth [...]

By: Jay Parkhill

Jay Parkhill — Mon, 02 Jun 2008 16:03:02 +0000

Thanks for the great comments. You both point out that this primer barely scratches the surface of licensing topics.

Susheel- you are correct that the Uniform Commercial Code (adopted essentially verbatim in all 50 US states) says that certain warranties are “built in” unless the agreement specifically carves them out.

What many people don’t know is that the carve-out needs to be “conspicuous” under the UCC. Lawyers puzzled over what this meant for a while, then decided that printing the disclaimers in ALL CAPS was good enough.

By: Startup Toolbox » Blog Archive » Licensing Basics Primer on Gigaom

Startup Toolbox » Blog Archive » Licensing Basics Primer on Gigaom — Mon, 02 Jun 2008 15:35:42 +0000

[...] published a piece I wrote over the weekend on ten key terms to know in a license agreement. As the comments point out, these ten scratch the surface of [...]

By: links for 2008-06-02 | Me Too!

links for 2008-06-02 | Me Too! — Mon, 02 Jun 2008 06:40:11 +0000

[...] F|R Crib Sheet: Key Terms of a Licensing Agreement – GigaOM (tags: legal cribshee) [...]

By: office table

office table — Mon, 02 Jun 2008 05:28:48 +0000

[...] companies generate revenue. A ???sale??? occurs when ownership of the product changes handshttp://gigaom.com/2008/06/01/fr-crib-sheet-key-terms-of-a-licensing-agreement/Office furniture makers will highlight flexibility at NeoCon trade show The Kalamazoo GazetteGRAND [...]

By: Marc’s Voice » Blog Archive » June 1st blogging - '08

Marc’s Voice » Blog Archive » June 1st blogging - '08 — Mon, 02 Jun 2008 04:30:21 +0000

[...] Key terms of a licensing agreement [...]

By: links for 2008-06-02 « Simply… A User

links for 2008-06-02 « Simply… A User — Mon, 02 Jun 2008 00:31:57 +0000

[...] F|R Crib Sheet: Key Terms of a Licensing Agreement – GigaOM (tags: legal licensing startup business product software **) [...]

By: Satya Narayan Dash

Satya Narayan Dash — Sun, 01 Jun 2008 22:10:50 +0000

I love your Post Jay wrt F|R CS. Very hands on and practical.

What about Breach/Default, Confidentiality, Intellectual Property. Do you think they also fit in considering the patent wars and any kind of “invention” from any company being contested now in courts.

Cheers,
Satya, PMP

By: Susheel Daswani

Susheel Daswani — Sun, 01 Jun 2008 17:17:28 +0000

I’m sure I could point out other very important provisions you’ve forgot to include, but one HUGE one is the following disclaimer:

“THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.”

If you don’t prominently include this, the UCC may apply.