Marketplace | Web & IP

A software subscription agreement is a contract that exists between the manufacturer of the software (the licensor) and the company that purchases it (the licensee). Such agreements exist to protect the purchaser against negligence or fraud on the part of the manufacturer. However, it also serves to protect the manufacturer, as well, as the software subscription agreement may include stipulations as to how the product may be used, authorized users. While it used to be customary for software companies to sell their product with a perpetual license, meaning that the customer pays for the software upfront and perhaps only pay additionally for updates for technical support, it is becoming increasingly common to find subscription agreements. There are a few reasons for this, the primary one being financial, as it creates a regular flow of income with customers paying regular monthly or annual subscription costs.

In this agreement, the developer agrees to create certain software for the client and to transfer the intellectual property rights in that software to him. One important aspect to include in this agreement is to agree regular milestones, which breaks down the project into discrete deliverables. At the end of each milestone, the developer should have reached an agreed stage of the work. Assuming this is done, the work is signed off and a specified amount of funding is released to the developer to progress to the next milestone. This makes it easier for both sides to monitor the progress of the project.

With the intellectual property transfer agreement, individuals and legal entities can transfer industrial property rights and copyright.

In particular:

• industrial property includes: patents, inventions, know-how, brands and distinctive signs, industrial designs, geographical indications of origin, topographies of products and semiconductors, utility models, confidential company information and new plant varieties

• copyright (copyright) includes: software, databases, literary and artistic works (novels, plays, films, songs, etc.), drawings, paintings, photographs, sculptures.

The intellectual property transfer agreement is used when transferring ownership of the intellectual property and related property rights.

With the Ip License Agreement the licensor grants to the licensee the right to use and / or exploit the intellectual property of which he is the owner, such as: trademark, patent, know-how, design, software, work covered by copyright, etc. in exchange for a fee (royalty). Intellectual property rights (industrial property or copyright) are considered intangible assets that can be exploited economically. The license is the legal instrument that allows such exploitation and is adopted when the owner wants to allow the use of a distinctive sign, a certain technology or a design, etc., without transferring the ownership. With this contract the owner will be able to define the duration and the territory of validity of the license in addition to the exact ways in which the licensee will be able to exploit his property. Furthermore, he will be able to define the amount to be paid. The license agreement may in fact be free or require payment of fixed amounts or variable royalties based on sales.

In this type of agreement Licensor and Licensee define the images that is being licensed, that explains how you can use photos, illustrations, vectors and video clips. The content is licensed for specific types of use, and pricing is based on factors such as size, placement, duration of use, and geographic distribution. The Licensee does not have exclusive rights to use the content.

In this type of agreement Licensor and Licensee define the data that is being licensed, including the manner and frequency with which the data will be provided/updated, how current the data will be (that is, whether the data will be provided on a “real-time” or close to “real-time” basis), the format in which the data will be delivered and the mechanism of delivery.