The bargaining power of both parties to a licensing agreement often depends on the nature of the product. For example, a film studio that conceded the image of a popular superhero to an action character manufacturer could have considerable bargaining power in this negotiation, as the manufacturer will likely benefit from such a deal. The film studio therefore has the leverage to relocate its activities elsewhere if the manufacturer is cold on its feet. 11. Ownership and Feedback. The software is provided on a limited basis of license or access and no ownership rights will be transferred to you, regardless of the use of terms such as “purchase” or “sale”. Atlassian and its licensors have and retain all right, title and interest, including all intellectual property rights, in Atlassian Technology (including the Software). From time to time, you can give us feedback. Atlassian may freely use, copy, disclose, distribute and exploit its comments in connection with its products or services, without obligations, royalties or restrictions arising from intellectual property rights or otherwise. No feedback is considered your confidential information and nothing in this Agreement limits Atlassian`s right to use, develop, evaluate or market products or services independently, whether they contain feedback or otherwise. 3.3.
Number of instances. Unless otherwise specified in your order, for each software license you purchase, you may install one (1) production instance of the software on systems that are owned or operated by you or one of your authorized users. We may also make “developer” licenses available for some of our software offerings free of charge, so that you can provide non-production instances, for example.B. for staging or QA purposes. For more details on applying for non-production licences, visit our website. Many form contracts are only included in digital form and are only presented to a user as a click that the user must “accept”. Since the user can only see the agreement after acquiring the software, these documents can be contracts of liability. A frequent criticism of end-user licensing agreements is that they are often far too long for users to have time to read them in depth. As of March 2012, the end-user PayPal license agreement was 36,275 words and by May 2011, the iTunes agreement was 56 pages long.  The message sources that reported these results stated that the vast majority of users do not read documents because of their length.
The DMCA specifically provides for software self-engineering for interoperability purposes, so there has been some controversy about the feasibility of software license agreement clauses that limit this situation. The 8th case of the Davidson & Associates v. Jung established that such clauses are enforceable after the federal circuit ruled on Baystate v. Bowers.  Harvard supplies certain materials (usually biological research materials) for non-exclusive commercial use. Some materials, such as mice, are usually offered on a flat-rate basis or with fixed annual payments. Others, such as Hybridom cell lines, also include royalty-based payments. The standard agreements for both types of hardware licenses are available below.
Notice of Products Offered by Third Parties – In the case of an exclusive license granted in all or many areas, the licensee may first focus on a limited number of products or uses for the licensed technology.. . .