Change: a formal revision of the terms of an agreement. A change can be a complement, a deletion or a correction. Waiver: the voluntary or voluntary surrender of a known right or privilege granted as part of an agreement or failure to exploit a benefit or other injustice. For example, if a taker does not complain of a number of interruptions in the connection with a licensee`s database, the licensee may later assert that the licensee has waived a right that service interruptions constitute a breach of the license agreement. Guarantees are common under Article 2 of the Single Code of Commerce, which governs the sale of goods. However, licensing agreements that provide software or have access to information should not be considered “goods,” as defined in the single trade code. The inclusion or removal of a guarantee is considered a substantial change to the contract. Some institutional parties cannot sign contracts that change guarantees because the changes may violate the institution`s commercial or legal policy. See also “Material,” “Uniform Commercial Code.” Separation clause: a contractual clause which, in turn, cannot be declared illegal and the validity of the contract in cases of judicial or other fact, or which cannot be applied otherwise. Not dethronable: a status in which the entire license agreement or some of its rights, obligations and conditions; are not transferred to a party that has not signed the original contract. See also “Non-transferable.” Use: The licensee`s right to exploit the licensee`s program, software, website or other electronic environment to access the digital information that the licensee rents as part of the agreement. The definition of “use” can take many forms and is often referred to as many things (i.e.
“licensing”), but it is one of the most important definitions or clauses of any licensing agreement. “Shrink-wrap” agreement or license: a contractual agreement that the user considers and accepts as a condition for the use of the software (by removing cellophane packaging or other packaging indicating the user`s consent to the contractual terms).