Legal Question in Business Law in Alabama

Definition of terms

What does the term ''non-exclusive, non-royalty'' mean?


Asked on 1/20/07, 1:48 pm

1 Answer from Attorneys

Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: Definition of terms

It would depend upon the type of contract or context in which those terms are used. Assuming you are dealing with a licensing agreement, the term non-exclusive would generally mean that the owner of the license, patent process or franchise, retains the right to "lease" or license use of that right to other individuals, and you would have have the right to its use perhaps, in your local area or sales territory.

However, you might not even have such limited protection, again depending on the wording of the proposed contract or agreement, if such "nonexclusive" licensing extents to your own particular area of the state or sales territory.

As to non-royalty, I would have to see the particular part of the agreement to express an opinion as to its definition.

A royalty generally indicates a payment in exchange for use of a property right, the two terms together could indicate that no property rights are being conveyed to you under this agreement, and you may only have personal use of the particular item or subject, with all the rest of the world being "free" to compete against you if they too seek and obtain similar rights from its owner. Hope this helps and let us know if we can be of further assistant, Chip

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Answered on 1/30/07, 4:00 pm


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