A license agreement must specify the specific use, Depict the chain of rights and economic cooperation. Blanket model clauses are often not enough.
Content revised on 7. November 2026. The original publication date is retained for purposes of classification.
Subject of license and authorization
The contract should register rights, factories, Clearly identify software or know-how. Must be clarified before signing, whether the licensor can actually grant the promised rights. A company can hold usage rights for software; According to German law, the author is generally the natural person, who created the work.
Scope and remuneration
Types of use, Countries, Exclusivity, Term and sublicensing must match. Sales-dependent remuneration is the basis for assessment, Deductions, to regulate reports and audit rights. A seemingly clear percentage do not answer, which sales are recorded.
Legal file, Defense and Liability
The contract should regulate, who bears fees, Processed legal attacks and pursued infringement claims. Warranty and liability limitations require an independent review of their effectiveness. Blanket exclusions or an unlimited guarantee of commercial viability are generally not a suitable starting point.
Termination and Antitrust Law
After the end of the contract there are stocks, Sublicenses, data and further use. Restrictions relevant to competition must be permissible under antitrust law. The exhaustion of software distribution rights cannot be determined solely by a contractual resale reservation. The unreliable attributions of court decisions previously contained on this page have been removed.