2. Who can grant a license and
how is a license granted ?
One cannot grant a license and one cannot receive a license if the
licensor does not possess a sufficient lawful interest in the property.
The grant of a license may be express or implied from the conduct of
the grantor, and an agreement which purports to create an easement, but
is ineffectual for that purpose, may operate to create a license.
3. What does a leave license
agreement begin with ?
The leave license agreement should begin with the place, day where the
agreement is made along with names of the licensor and licensee. The
address of the leased space also has to be mentioned.
4. Is there a fixed time limit for
every leave license agreement ?
The date on which the agreement comes to effect and the time frame for
which it remains effective has to be explicitly stated in it. It can be renewed
after the time period if both parties desire.
5. Does the agreement have the
purpose of license mentioned ?
The agreement has to explicitly state the purpose for which the lease is being
granted and that it can be only used for the purpose mentioned.
6. Does a licensee have a license
to transfer ?
The agreement must expressly state that right to possession of property
remains with the licensor and that there is no transfer of rights and
interests to the licensee.
The agreement must clearly mention that the granted license is an
exclusive and personal right and may not be transferred or assigned by
the licensee to any third party without the prior written consent of the
licensor.
7. What are the liabilities of the
licensor with respect to the
license?
The licensor has to disclose any defect in the property to the licensee
which has the potential to damage the person or property of the licensee.
8. Can the license be revoked at
the will of the licensor ?
The agreement must expressly state that license can be revoked by licensor
unless it is coupled with transfer of property or the licensee has undertaken
a work of permanent character with permission from the licensor.