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Non-exclusive licence meaning

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What does Non-exclusive licence mean?
A non-exclusive licence is a contractual permission to use rights or assets—most commonly intellectual property (copyright, software, trade marks, patents, designs or database rights)—without exclusivity. The licensor may continue to use the subject matter and may grant the same or similar rights to multiple licensees, including competitors. UK and Irish IP legislation defines “exclusive licence”; a non-exclusive licence is simply any licence that is not exclusive, and is a descriptive expression used across commercial contracts rather than a standalone statutory category. Its legal effect is typically personal/contractual: the licensee acquires no proprietary interest and generally has no independent standing to sue for infringement (unlike an exclusive licensee). Recordal/registration is not required and does not affect remedies. Key terms are set by the agreement: scope, territory, term, field of use, royalties/fees, sublicensing, assignment/transfer, and revocation/termination. Non-exclusive licences are common in software (EULAs/SaaS), content and data licences, and technology collaborations. Usage and consequences are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland (in Scots law, the licence is a personal right).
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View the related Checklists about Non-exclusive licence

CHECKLISTS
On‑premises software licence agreements: customer‑side drafting and negotiation checklist

Checklist This Checklist is chiefly intended primarily for customers (licencees). It provides an overview of the key terms commonly and usually found in a supplier agreement to licence ‘on‑premise’ software installed on the customer’s own infrastructure. For issues related to the licensing and deployment of software as a service (SaaS), see Practice Note: Cloud computing—introduction and Precedent: Software as a service (SaaS) agreement—pro-customer, accordingly. For further reading and template documents relating to this Checklist, see the following: Practice Note: Key issues in software licence agreements Practice Note: Warranties and indemnities in software licence agreements Precedent: Software licence—pro-customer Precedent: Software licence—pro-supplier Negotiation guide—IT contracts Further information Notes (if any) Grant and scope of licence Is the software described clearly and adequately? The customer should be clear about what it is contracting for. There may also be warranties from the supplier that the software will perform as described. Who is permitted to use the software?...

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CHECKLISTS
Design licence agreements: drafting and negotiation checklist for licensors and licensees

How to use this Checklist This Checklist flags issues that frequently emerge when negotiating and drafting the following agreement types: Design licence—pro-licensor Design licence—pro-licensee For further reading on design licensing, see these Practice Notes: Introduction to designs UK registered and unregistered designs Licensing intellectual property rights For example character merchandising agreements, consult the Precedents: Character merchandising agreement—pro-licensor and Character merchandising agreement—pro-licensee. For details of the key terms commonly found in a manufacturing agreement and designs licence, see: Manufacturing agreement and design licence—checklist. This Checklist can also, where appropriate, operate as the foundation for a straightforward non-binding heads of terms. For guidance on doing so, see Precedent: Heads of terms—commercial contracts. For support on negotiating an IP licence clause, refer to Practice Note: Negotiation guide—intellectual property licence clause. Checklist schedule for proposed licence of designs Points to consider • Further information • Notes (if any) (A) Key commercial considerations...

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CHECKLISTS
Negotiating and drafting manufacturing agreements with design licences: practitioner checklist of key IP, commercial, quality control, pricing and boilerplate terms, with heads of terms guidance

How to use this Checklist This Checklist flags typical issues that arise when negotiating a manufacturing agreement and a design licence, helping you focus on key points at each stage. For further information on the licensing of designs, consult the materials below and see the following Practice Notes: Introduction to designs UK registered and unregistered designs Licensing intellectual property rights For standalone design licences, consult Precedents: Design licence—pro-licensor and Design licence—pro-licensee. See also: Licence of designs—checklist. For character merchandising arrangements, refer to Precedents: Character merchandising agreement—pro-licensor and Character merchandising agreement—pro-licensee. Where suitable, this Checklist may serve as the basis for a brief, non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed manufacturing agreement and design licence The following notes apply to the key commercial considerations identified and outlined herein. Notes Parties Parties: verify each party’s legal status and whether any third parties...

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View the related News about Non-exclusive licence

NEWS
GB energy regulatory update—TPIs regulation, SoLR Levy Offset, early competition and OHA pilot, DCC licence decisions, EU Energy Efficiency Directive guidance—26 September 2024

In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility International energy Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ launches consultation on regulating TPIs in the retail energy market The Department for Energy Security and Net Zero has opened a consultation to bring Third Party Intermediaries in the retail energy market under regulation, bolstering consumer protection and aiding the shift to a cleaner energy system. Triggered by cases of consumers and businesses being targeted by unregulated rogue brokers and other TPIs, this forms part of the government’s ongoing support for Ofgem to develop an effective market for non-domestic customers, alongside implementing recommendations from Ofgem’s July 2023 non-domestic policy consultation. The consultation closes on 15 November 2024. See: LNB News 20/09/2024 36. Ofgem launches statutory consultation on SoLR Levy Offset...

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NEWS
Weekly energy law update: security package, market codes, renewables, LDES, hydrogen/CCUS, nuclear reforms, planning rights and climate levy—key consultations, statutory instruments and practitioner deadlines

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials DESNZ announces accelerated measures to boost UK energy security DESNZ has unveiled a suite of actions to reinforce and speed up the UK’s energy security in light of events in the Middle East. For the first time, ‘plug-in solar’ will be permitted in the UK. The department plans to advance the next annual renewables auction to July 2026 and has confirmed that the government will adopt the Fingleton Review’s recommendations to hasten delivery of nuclear power stations. It has also moved to safeguard consumers, working...

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NEWS
Property law update for England & Wales and Scotland: leasehold reform, service charges, Building Safety Act decision, TA6, Charities Act 2022 changes, SDLT decisions, LBTT changes, Scottish Housing Bill

In this issue: Key developments and horizon scanning Residential property Property management Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Law Society responds to Leasehold and Freehold Reform Bill amendments The Law Society has signalled its backing for newly tabled changes to the Leasehold and Freehold Reform Bill (which had its second reading on 27 March 2024—see the Trackers section below). The revisions would curb the sale of new leasehold houses and ensure every new home in England and Wales is freehold from day one, save in exceptional cases. Nonetheless, Law Society President, Nick Emmerson, noted that, without current moves to advance commonhold tenure, the Society supports the Law Commission’s 2011 recommendations to modernise freehold law, enabling houses on managed estates to be sold as freehold with greater ease, and he urged government...

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View the related Practice Notes about Non-exclusive licence

PRACTICE NOTES
Admissibility of Evidence in Driving Offence Prosecutions: Driver Identification, Certificates, DVLA, Prescribed Devices, Highway Code, Hearsay, Expert Evidence (England and Wales)

Proving the identity of the driver Where the bench is satisfied the defendant was served with a notice under section 172 of the Road Traffic Act 1988, and the court receives a statement from the defendant admitting they were the driver, that statement is accepted as proof of identity. If no such admission exists—either because a RTA 1988, s 172 notice was not properly served in line with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 4, or the allegation is not one to which section 172 applies—the magistrates will look to other material. Information provided by the registered keeper to police during interview or questioning Entries held on the police national database See: Creed v Scott [1976] RTR 485 (not reported by LexisNexis®) and DPP v Bayliff [2003] EWHC 539 (Admin) (not reported by LexisNexis®). Details supplied to the police may suffice to prove who was driving; it is immaterial whether a driving licence is produced to confirm name...

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PRACTICE NOTES
UK Skilled Worker route applications: practitioner guide to English-language, financial and genuineness requirements, switching, dependants, conditions, settlement and administrative review (2024–2026 updates)

The Skilled Worker route The Skilled Worker route allows UK employers holding a valid sponsor licence to hire, or continue to employ, skilled individuals who are neither British nor Irish nationals. It is the principal route for entry to, and residence in, the UK for employment. The Practice Note: Sponsoring a Skilled Worker reviews the eligibility requirements connected to a sponsor issuing a Certificate of Sponsorship (CoS), including the necessary skill level and salary. Once a CoS has been issued, and provided the applicant meets all other criteria, they can apply for entry clearance or permission to stay...

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PRACTICE NOTES
UK Film and Television Law Glossary: Terms C–D—copyright, collecting societies, broadcasting, distribution

Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...

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PRECEDENTS
Comprehensive Amendments to SBCC 2016 Standard Building Contract (Without Quantities) for Scotland: Design Liability, Third-Party Agreements, Insurance, Bonds, Collateral Warranties, Payment, Retention, Fluctuations, Dispute Resolution and Insolvency

The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...

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PRECEDENTS
Skilled Worker entry clearance (UK): initial client email template with process overview, eligibility, dependants, CoS, biometrics, maintenance and English requirements, TB/criminal certificates, and document checklist

Dear [ Applicant ], Skilled Worker entry clearance visa We are instructed [ by [ Sponsor ] ] to support you [ and your dependants ] with an application for UK entry clearance (a visa) under the Skilled Worker route. This route permits non‑British or Irish citizens who have a job offer from a UK employer holding a valid sponsor licence to work in the UK. Eligibility I understand you have been offered a post by [ Sponsor ] as a [ role ], with annual pay of £[ salary ] and a working week of [ number of weekly hours ] hours. Your sponsor confirms the role is within Standard Occupational Classification (SOC) 2020 code [ SOC 2020 code ], listed in Table [ Table number ] of Appendix Skilled Occupations of the Immigration Rules. For you, the applicable general salary threshold is [ general threshold amount ] and the going rate is [ going rate amount ]...

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PRECEDENTS
Precedent: Trade mark consent and licence letter agreement (England and Wales)

[ insert address of trade mark proprietor ] Our ref: [ insert reference ]Your ref: [ insert reference ] [ insert address of recipient ][ insert date ] Dear [ insert name of recipient ] Authorisation to use registered trade marks: [ insert details of trade marks at issue ] We are the owner of the registered trade marks listed in Schedule 1 to this letter (the Trade Marks). For clarity, in this letter agreement (the Agreement) we refer to ourselves as we. Further to your request dated [ insert date ] to use the Trade Marks in [ insert territory ] (the Territory), we confirm our permission for such use by [ insert name of requesting party ] (you), on the basis set out in this Agreement as follows: 1 Authorisation to use [ From the date of this letter OR From [ insert effective date ] ] we grant you a non-exclusive, non-transferable, [ royalty free, ] [ fully paid-up, ]...

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Q&As
Voluntary arrangement ending 3-year licence to occupy: occupier remedies

Lease or licence? In Street v Mountford, the House of Lords set out the core indicators of a tenancy. These focus on the substance of the arrangement rather than the label attached to it: exclusive possession of specified premises Although the payment of rent may suggest a tenancy, it is not essential. Whether the proposed arrangement is a lease or a licence turns on the agreement taken as a whole; where the parties in reality confer exclusive possession, that result cannot be avoided by calling the document something else. What counts is the essence of the bargain, not its outward form or chosen description. Even where the paperwork is properly framed at the outset as a true licence, the parties’ subsequent behaviour may alter the character of the arrangement so that a tenancy is later created. For further discussion, see Practice Note: Leases and licences of land—key features and differences, together with the commentary in Hill and Redman’s Division A from paragraph...

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Q&As
One-Week Non-Paying Licensee: 4-Week Notice to Quit and PEA 1977

Service of a notice to quit/notice to end the licence was not required. The lodger/licensee occupied solely by way of goodwill. No periodic licence was ever created or granted...

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Q&As
Rent‑free employer housing in Wales: service occupancy where no Renting Homes (Wales) Act 2016 occupation contract

Service occupancy In England, an employee who lives in property owned by their employer to carry out their duties, and who has exclusive possession, occupies either as a tenant or as a licensee under a service occupancy (also known as tied accommodation). The distinction is significant because, under a service occupancy, the right to terminate arises when the employment ends, whereas a tenancy may benefit from security of tenure. A service occupancy is a form of licence that arises where: it is an express term of the employee’s contract of employment that they reside in particular accommodation from which they can better perform their duties (Glasgow Corporation v Johnstone); or if there is no such express term, one can be implied on the basis that it is essential, rather than merely conducive, that the employee lives in specified accommodation for the better performance of their duties...

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