A lease can be used to establish conditions between an employer and an employee. Sections on terms and conditions of employment, compensation, termination rights and more. To obtain the benefit of a license agreement, the owner must ensure that his agreement with the potential user of the premises is indeed a license and not a lease. This is not necessarily an easy task. Simply designating the agreement as a “license” will not. Whether an agreement is considered a licence and not a lease depends on the existence or absence of the three essential features of a real estate licence in the agreement: (1) a clause allowing the licensor to revoke “after being defenced”; (2) the maintenance of absolute control of the premises by the licensor; and (3) the licensor shall make available to the licensee all essential services necessary for the licensee`s authorized use of the premises. On the other hand, in the case of a license agreement in good faith, the licensed tenant does not own property in the premises and is not entitled to ownership. The principles of the Common Law apply and the owner`s licensor has every right to use peaceful mutual assistance at any time to remove a licensee from the licensed premises for any reason or no reason. In recent times, publishers have started encrypting their software to prevent a user from installing the software without accepting the license agreement, or violating the Digital Millennium Copyright Act (DMCA) and his foreign colleagues.
