Most EULAs limit liability for data loss or other unintentional damage caused by the technology. The agreement can enforce state rules, such as banning the export or transfer of technology to certain countries, for example.B. The agreement also determines whether the user can copy the technology for archiving and backup purposes or use it on more than one computer. It is likely that the ECJ will also indicate that the technology held by the licensee remains the property and cannot be resold without his consent. Museum as a licensee: determine your reasons for obtaining licenses for your content. Is the license granted primarily for the financial benefit or for the promotion of your museum? If these credits are extremely important and you need to find the best way to promote your museum (for example.B. by including a URL or others), without interfering with the use of content authorized by the licensee. International copyright issues come into play in a practical way. In accordance with international copyright principles, you apply copyright when the work is used. Therefore, if an end-user is physically in France, he is subject to French copyright law – even if the museum that holds the license for the magazine in which the article is published has its headquarters in Canada and the publisher is also headquartered in Canada. If the end user is in Canada, you apply Canadian copyright to the end-user`s use of the article. In practice, a content owner does not want to be able to assert his rights against his individual users (in France or elsewhere!).

Does this mean that licensing agreements should require policyholders to be responsible for their use by sublicensings and end-users? Many say this is an inappropriate requirement and burden to place a burden on a licensee. It`s easy to get overboard when you`re asking for guarantees and benefits. It is not reasonable for one of the parties to require or pay an iron guarantee allowance that is not determinative of the licensing and necessary use of licensed content. In the case of computer hardware and software, technology licensing agreements are a contract between a licensee who owns the technology and the licensee or purchaser of the right to use the technology. A licensing agreement defines how the copy of the licensed technology can and can be used, to whom it belongs and what the limitations of liability are when it is used. 10. Legal generalities. “Standards” (but still important) contractual clauses, including the right to “power” (the law applicable to the licensing agreement); The rights of the IP owner and the taker to the assignment of the licence agreement; events that constitute a “change of control” of a party (for example. B a sale or bankruptcy) and the consequences of a change of control; and the separation of contractual clauses. Museum as a licensee: During the licensing process, note that you are conceding the content and that you will not get any transfer or permanent rights to it. You don`t need to own a copyright to this content to be able to access it and use it according to the terms of your license.

Different agreements deal with permanent access in different ways. Some licenses do not address this problem at all. Some mentioned that the content owner will continue, at his sole discretion, to grant access or that the parties will work together to develop a mutually acceptable pathway for access to content. Some offer access to licensed content “as long as possible” or provide archive content on a DVD.