When drafting and negotiating a license agreement, it’s tempting for the parties to simply use definitions and so-called “standard” paragraphs that are taken from previous agreements. This can be risky. Even paragraphs that might be considered boilerplate need to be carefully reviewed to ensure that they are consistent with the parties’ intent
The Licensing Journal recently published my article “Defining ‘Affiliate’: Pay Attention to the Boilerplate“, in which I describe two examples in which boilerplate terms led to unintended consequences. For more details, click the hyperlink above for the full article.