License Agreements

Gone are the days when a handshake between business partners was all that you needed to assure that the parties can do business with each other without dispute. Today, written contracts are a necessity. No one can ever be sure that there will never be a dispute with a business partner. In the era of heightened performance standards, the expectations of all the parties need to be clearly reflected in a document.

In the technology world, the license agreement is one of the most common forms of agreements. Such agreements take the form of patent, trademark and copyright licenses, software and technology licenses, click and shrink wrap agreements in their most common forms. Drafting the appropriate document can save you time and expense when a dispute does arrive.

However, a poorly drafted agreement can be as bad as no agreement at all. A usefule agreement will me the “Three C’s Standard.”

  • Clear
  • Concise
  • Consistent

The document is clear when there is no ambiguous language. It is concise, when the agreement address all necessary points without unnecessary or irrelevant terms and conditions and it is consistent when the language used in the agreement is in a uniform fashion throughout the document. Also, a document is consistent when the terms contained in the agreement are “in sync” with each other. The job of the licensing attorney is to ensure that this occurs.