The Civil Code requires that the license agreement determine the license fee or the method to determine or calculate the fee (unless the parties have agreed on gratuitous license). If neither of the options is used, it suffices if it can be inferred from the conduct of the parties that they intended to enter into the contract for value. We believe that this will usually be the case where there is no express agreement on the license fee in the license agreement or on the method to determine the fee. The risk that the agreement may be rendered invalid is not high.
No Agreement on License Fee in the License Agreement
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