A use-based licence grants someone the authority to engage in an activity that would typically be unlawful. An example of this is a licence to hunt on another person’s property. It does not entail leasing or owning the land; rather, it simply allows for its use for a specific purpose. The person who granted the licence has the ability to revoke it. It is akin to borrowing a toy from a friend, where they permit you to play with it but can request its return at any given moment.
A use-based licence is a form of licence that grants permission for an otherwise illegal action. This type of licence is typically revocable and does not transfer any ownership rights to the licencee. The authorization provided by the licence is based on personal trust and cannot be transferred to another party. For instance, a hunting licence is a use-based licence that permits individuals to hunt game on someone else’s property. Although the licence does not confer ownership of the land, it grants the licencee the right to enter and hunt on the land. Another example is a distribution licence, which allows individuals to sell a product within a specific geographical area. Use-based licences differ from other types of licences, such as exclusive licences that grant the licencee exclusive rights to perform the licenced action, and nonexclusive licences that allow the licencee to use the licenced item in conjunction with the licensor and potentially other licencees.
A use-based license is a legal agreement that grants permission to use a specific product or service based on the intended purpose or usage. It outlines the terms and conditions under which the licensee can utilize the licensed material.
Unlike other licenses that may grant unlimited or broad usage rights, a use-based license restricts the licensee’s usage to a specific purpose or scope defined in the agreement. It provides more control to the licensor over how their product or service is utilized.
Use-based licenses are commonly seen in software agreements, where the licensee is granted permission to use the software for a specific number of users or within a specific geographical area. It can also be found in agreements for copyrighted materials, such as music or images, where the licensee is allowed to use the content for a specific project or duration.
Yes, a use-based license can be customized to fit the specific needs of the licensor and licensee. The terms and conditions can be negotiated and adjusted to ensure both parties are satisfied with the granted usage rights.
If the licensee exceeds the scope of usage defined in the use-based license, it may be considered a breach of contract. The licensor may have the right to terminate the license agreement or seek legal remedies for the unauthorized usage.
The transfer or assignment of a use-based license depends on the terms outlined in the license agreement. Some licenses may allow for transfer or assignment with the consent of the licensor, while others may prohibit it altogether. It is important to review the specific terms of the license agreement to determine if transfer or assignment is permitted.
If the licensor fails to provide the licensed material as agreed upon in the use-based license, it may be considered a breach of contract. The licensee may have the right to seek legal remedies, such as damages or specific performance, depending on the terms of the agreement and applicable laws.
A use-based license can be terminated before the agreed-upon duration if both parties mutually agree to terminate the agreement or if certain conditions specified in the license agreement are met. However, it is essential to review the termination provisions outlined in the agreement to understand the circumstances under which termination is allowed.
The renewal or extension of a use-based license depends on the terms specified in the license agreement. Some agreements may include provisions for renewal or extension, while others may require the negotiation of a new license agreement. It is crucial to review the terms of the agreement to determine the process for renewal or extension.
If you have questions or concerns about a use-based license, it is advisable to consult with a legal professional who specializes in intellectual property or contract law. They can provide guidance and ensure that your rights and obligations are protected under the license agreement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/use-based-licence/
- Modern Language Association (MLA):Use-Based License. dlssolicitors.com. DLS Solicitors. May 20 2024 https://dlssolicitors.com/define/use-based-licence/.
- Chicago Manual of Style (CMS):Use-Based License. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/use-based-licence/ (accessed: May 20 2024).
- American Psychological Association (APA):Use-Based License. dlssolicitors.com. Retrieved May 20 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/use-based-licence/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts