License

Real Property Licenses

• A license grants authority to act on another's land without possessing it
• Licenses are revocable non-assignable privileges
• Licenses can be oral, unlike leases which require written agreements
• Licensees can only occupy the land as necessary to complete the authorized act
• Leases generally require consideration, but licenses can be created with or without it

Creation and Termination of Licenses

• Licenses are created by express or implied agreements
• Licensor's agreement can be shown in writing or through acquiescence
• Licenses do not require consideration
• Essential characteristics of a license include the licensor's right to revoke at will, absolute control over the premises, and provision of essential services
• A license can be distinguished from a lease based on these characteristics
• Licensor can cancel a pure licensing agreement at will, unless coupled with an interest or made irrevocable by contract
• Coupled licenses cannot be revoked without liability and potential damages
• Reasonable time must be provided to remove the interest from the property before termination
• License is terminated and unenforceable against new property owners in case of property sale
• License agreement is terminated upon the death of either the licensee or licensor

Remedies for Licenses

• Courts cannot grant specific performance if a license is revocable at will
• Licensee cannot bring forcible entry claims or detainer proceedings
• Damages may be awarded if licensee can show detrimental reliance on the license
• Irrevocable licenses with a set term and valid consideration may lead to breach of contract claims
• Statutory notice is required before commencing special proceedings to recover possession of the property

Mass Licensing of Software

• Mass distributed software is used under license from the developer
• End-user license agreements (EULAs) are typically associated with software installation
• Licenses are often tied to unique codes for access
• Users may install the software on a limited number of computers
• Enforceability of end-user license agreements can be questioned

Patent Licensing

• Patent owners can grant permission to others for activities within the scope of the patent
• License agreements allow making, using, selling, offering, or importing patented products
• Such agreements are known as patent license agreements or covenants not to sue
• Agreements can have specific time periods or last for the entire life of the patent
• Different licensing models exist for software vendors to profit from their offerings.

License Mentions

License Data Sources