You should consult a qualified lawyer in the relevant jurisdiction on the licensing agreement and seek advice. 5.6 Full agreement. The provisions of this sublicensing contain the entire agreement between the parties with respect to the trademark, the sign of sublicensing and the permitted uses. These provisions reject and denounce all previous provisions, negotiations, agreements and commitments relating to the purpose of this sublicensing. This sub-license can only be changed in a letter signed by both parties. Note: „To avoid any doubt, end-users are not allowed to modify, distribute or sublicensing covered products (or embedded or integrated licensed technologies) and the policyholder ensures that each end user is informed in writing of all applicable restrictions.“ In the absence of such an express requirement in a licensing agreement, I found that the licensee could enter into a sublicensing contract without the participation of the licensee. The sublicensed person wishes to acquire from the Linux Foundation the right to use the mark in relation to the authorized goods or services mentioned in the sublicensing declaration of the sublicensing, as long as the use of the mark by the sublicensor is not considered „fair dealing“. „Authorized Good/Services“ refers to Linux-based goods/services. Linux-based products are computer systems and software that use, integrate or have derived from any version of the Linux kernel, as was posted by Mr. Torvalds (or his authorized representative or successor) in www.kernel.org.
Linux-based services are services that provide, document, facilitate or improve Linux-based goods. „sublicensing mark“ is the trademark that has asked sub-licensed to be allowed to be used in commerce, as stated in the declaration of authorization for the use of the sublicensing sent by the Linux Foundation to the sublicensing (the „declaration of authorization of use“). The above interpretation is very helpful. However, I have another question that is listed below: Is the sublicensing of real estate allowed if the licensee authorizes it. If so, should the licensee also be a party to this agreement or should his letter of agreement simply be attached to that agreement? CONSIDERING that the Linux Foundation was created by Mr. Torvalds for the explicit purpose of possessing and exercising the exclusive right (a) to sublicate the use of the trademark and value to individuals and corporations in order to protect the right of those responsible to use the trademark in relation to authorized goods or services (as defined here) and (b) to act on behalf of the Linux community; and note: the licence should expressly prohibit any sub-licensing (for example. B in the transfer clause) „unless it is expressly specified otherwise.“ The license can also be designed in such a way that certain types of „normal“ sublicensing activities are permitted without explicit prior authorization (. For example, a sub-licensing that is usual or customary in the area within the zone and territory, with respect to products or services that essentially resemble the covered products in force; (b) does not grant all or substantial portion of the rights granted under the section [LICENSE GRANT]; and (c) is primarily for one or more of the following objectives: research, development, testing or manufacturing.“