Quote:
Originally Posted by aceventura3
Well ask your friend if a license requires an agreement? How is that agreement enforced? How are the terms of the agreement established? Is there consideration exchanged in the agreement? What elements are missing from a licensing agreement that would be present in a contract?
I am not a lawyer, and I don't pretend to be one, and you posts suggest you have totally missed my point, which is BP can be (in my shrt-hand) fired.
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A license is an agreement. So is a contract. The difference is that a license grants rights and a contract requires performance. A license holds the licensee to a set of behaviors established by the licensor. It requires nothing of the licensor. It is a one-sided agreement and there is no negotiation. It is essentially a grant to do something.
To be a contract, you have to have all of these:
- Offer
- Acceptance of the offer
- Promise to perform
- Valuable consideration
- Terms and conditions for performance
- Performance
There is no such requirement with a license.
So, again, Ace, the law isn't on your side here. Perhaps if you go back and use different terms to make your argument, it will hold water. But because you're using some very specific terms with very specific definitions, you've got an empty bucket.