From time to time, especially in the context of cooperation with U.S. companies, a license can be expressed as “alone and exclusive.” Since these two terms do not necessarily mean the same thing, it is best not to press a license in this way. If a party insists that the licence be expressed in this way, it would be preferable for the agreement to expressly specify what it means. The recipient of a non-exclusive licence may exercise the rights granted, but NOT: 4.3 No later than January 1 of each calendar year after this Agreement comes into force, LICENSEE HARVARD pays the following non-refundable licence fees and/or licence fees. These payments may be charged on outstanding licence fees due for this calendar year and the reports submitted to license reflect such credit. These payments are not charged on royalties due for a subsequent calendar year. 2.6 HARVARD wishes to grant LICENSEE such a licence in accordance with the terms of this agreement. However, non-exclusive licences may ultimately be more lucrative and beneficial to the licensee in the long run. Non-exclusive licences allow for greater flexibility in the number of licences granted, while the licensee can retain the rights to develop and operate its own intellectual property. Non-exclusive agreements are generally good for intellectual property, which can be used happily by many parties and/or require serious investment in the market. A non-exclusive license gives the purchaser the right to use intellectual property, but means that the licensee is free to use the same intellectual property and allow any number of other takers to benefit from the same intellectual property.
An exclusive license gives the licensee a unique license for the use of the relevant intellectual property. No other entity, including the licensee party ( the licensee), has the right to use the intellectual property covered by the license, unless certain carve-outs are included in the agreement. Non-exclusive licenses can provide you with a lucrative source of revenue. If you are an artist, you can use a non-exclusive license to give printers a reproduction license, either numbered or serialized, of your original work. If you are a musician, you can grant a non-exclusive license that allows you to use music for a commercial and a second non-exclusive license that allows another musician to sample a section of the same piece of music. If you are a software company, you can license commercial or academic users for the use of a specific program. 8.5 (a) LICENSEE releases HARVARD and its current or former directors, board members, directors, administrators, teachers, professionals, collaborators and agents, as well as their successors, heirs and beneficiaries of the assignment (together the “INDEMNITEES”) from and against any claim, Liability, costs, costs, damage, defect, loss or obligation of any kind or nature (including, but not limited to, reasonable legal fees and other litigation costs and costs) (all “claims” that are based on this contract, arising from or other means related to the agreement, including, but not limited, a reason for measures relating to liability for products, processes or services that are manufactured , used or sold under a right, licence or licence granted under this Agreement.