DEFINITIONS
IP: Intellectual Property.
IP includes any or all of the following: technology, which in our
case is patented (though in general it
can include trade secret technology), trademarks, literature,
logos, emblems, slogans, know-how, etc.
Bilateral
License, or Negotiated License: the normal License that
has been explicitly agreed between SFT and a Licensee. Where
we write
simply "License", the meaning is usually that of a
Bilateral License. This is for differentiation against the Unilateral
License.
Unilateral
License: a License that SFT may at its option and in its
sole discretion deem to exist between SFT and an otherwise un-Licensed
seller,
manufacturer, or distributor of product that incorporates SFT
IP. The otherwise-un-Licensed entity may also be considered an
infringer.
Unilateral Licenses cover the situation where the Infringer arrogates
the use of SFT's IP without consulting with SFT; correspondingly
the Unilateral License may be written by SFT without consultation
with the Infringer. An Infringer thusimplicitly accepts the
Unilateral License from the moment that infringement begins.
Unilateral Licenses
may be terminal, i.e. may contain cease-and-desist dates and
one or more dates following which royalties may increase
and/or further penalties may apply. Unilaterally Licenses any
other conditions that SFT in its sole discretion may include.
Infringer,
Infringement:
Infringement is the conduct of any action that trespasses on rights
of another. Infringer is the person or other entity engaged in
infringement.
A patent gives clear rights and is property in the legal
sense of the word. Infringement is a species of theft and can be so treated.
For example, product may be seized, injunctions and damages may be sought, and
charges
may
be laid.
In the case of IP, infringement is the use of the IP without
its owner's permission, i.e. without a License. Infringers may be subject to
seizure of goods, injunctions to halt activities that infringe, royalties which
may at the owner's sole discretion be high enough to negate any profit in the
infringement, damages for misuse of trademarks and damage to reputation, and
punitive damages. SFT may at its sole discretion consider Infringers to be Unilateral
Licensees.