License Agreement Infringement Clause

Museum as a licensee: If you license content from another country, your license may be subject to the laws of that country. It is therefore important to understand the parameters of determining the fair or equitable use of that country if they have one. A indemnification clause states that the licensor must bear the legal costs and other claims resulting from the breach of the warranties in the agreement. If there is a violation by the owner of the content, indemnification would testify by exempting the licensee from „all losses, damages, supplements, penalties, injuries, costs, fees and expenses, including reasonable attorneys` fees resulting from an actual or alleged violation.“ A content owner would prefer a clause in which compensation is limited to an actual infringement rather than including alleged infringements. Generally speaking, a limitation of liability clause determines the amount and type of damages to be paid by the licensor. Licensor will want to limit its liability by limiting the amount of damage and excluding certain types of damage and damage. Many public institutions (e.g.B. in the United States) may not accept certain limitations of liability in compensation and you may need to check your institution`s position on this matter. If the Licensed Content is a database or other compilation or collection of information, your license may explicitly state that the rights include the extraction and manipulation of information from that database. Museum as a licensee: Your license should contain a sufficiently strong indemnity to support its warranties and ensure that you will be compensated if you encounter certain legal or other problems. However, the opt-out clause is only as useful as the financial viability of the content owner. Therefore, caution should be exercised if the indemnification clause is to be relied upon. It is important that your agreement indicates the format in which the content is delivered to the licensee, when it is provided and what technical or other support is available in the event of a problem accessing the content.

As a general rule, it is not possible to require the licensor`s server to have completely uninterrupted access when accessing the content, but it is fair to require the content owner to make reasonable efforts and to indicate that a number of interruptions result in a reduction in royalties for the licensee. As far as possible, it is useful that the licensee is notified of downtime for the service or updates, that routine server maintenance is performed outside of peak hours, and that statements and/or notifications are sent to the licensee as soon as possible. Museum as a licensor: As a Content Owner, you want to ensure that only authorized persons have access to the licensed content. However, they should also pay attention to the practical aspects of monitoring the use of licensed content. Be sure to take security measures to prevent copyright infringement in your licensed content. It is important that the license does not expire prematurely due to the problematic use of the content by parties who have not signed the license. While the licensee may take appropriate steps to inform the public of the permitted use of the content, it should not accept early termination of the license in the event of a problem.. . . .

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