There are many obviously problematic provisions in a software license agreement. These provisions discuss audit rights, scope of the license grant, potential third-party use, limitations of liability, indemnity, and limitations on the transfer of licenses. When negotiating a licensing transaction, licensees frequently negotiate these provisions.
One of the provisions in the license agreement that is often overlooked during the negotiations but that frequently plays a significant role in license disputes is the termination provision. The termination provision can appear in many different places in a license agreement. Sometimes, there are multiple termination provisions in the agreement. Consider these five questions for successfully navigating potential pitfalls:
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