Legal Question in Intellectual Property in California

software license interpretation

Dear Lady/Sir

I'm reading a software license and I would like to know

what the following sentence means:

''

......... XXX hereby grant you a non-exclusive,

worldwide, no-charge, transferable license to

execute, prepare, .....

''

Mainly I'm interested what the above ''non-exlusive license'',

and ''transferable license'' mean.

Thank you in advance


Asked on 5/27/03, 5:09 am

3 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: software license interpretation

"Non-exclusive" means they can grant the same rights to other people. "Transferable" means that you can give or sell the copy you have to other people--it does, however, mean that you can make additional copies, only the one they sold you (unless you have acquired a separate right to make additional copies). "Worldwide" means that you can take it with you wherever you go.

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Answered on 5/30/03, 3:23 pm
Francesco Misuraca SMAF & Associates, Law firm

Re: software license interpretation

Dear Sir,

a non-exclusive license like you have mentioned practically is a gift. It is "no-charge". It seems so.

Best regards,

Francesco misuraca

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Answered on 5/27/03, 7:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: software license interpretation

Essentially, a license in this context is a contractual right to use someone else's property. The licensor retains ownership; the licensee has the right to use the property. "Transferable" means that the licensee can transfer or assign the license to another (and in so doing will lose his own right to use the product). "Non-exclusive" means that the licensor can license the same property (here, the same code) to other licensee/users.

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Answered on 5/27/03, 1:45 pm


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