Severability, Severability Clause

Severability refers to the question of whether elements of a contract or right and/or obligations conveyed under a license can be severed from one another. Whether such elements can be severed depends on the centrality of the element on seeks to sever from the objectives of the agreement – so for example, payment usually cannot be severed from performance. Severability clauses are often included in contracts where there is a risk that a clause might be held illegal and/or void and will typically provide for the severance of the offending clause. From time to time non-severability clauses will appear in contracts, for example licenses of say software for a specific device, which precludes the separation of the software license from the hardware element, or different licensed elements of the copyright bundle.

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