This excludes many of the cases where the copyright infringement issue is most difficult. Quiet Enjoyment Warranty. The licensor warrants that it will not interfere with the licensee's exercise of rights under the contract. Non-interference represent the essence of the contract. Public Domain and Exclusivity Warranty.
Validity corresponds to the public domain risk.
It important especially if a licensee relies on the rights transferred to create a product for third parties. The converse of validity is that the information is in the public domain and, thus, can be used or recreated by anyone. Alternatively, the transferor may have executed a prior license to a third party. In either case, while a transfer may convey rights, it may be no more than equal to rights vested in and available for conveyance by the third party co-author. Exclusivity is an important issue where a licensee undertakes significant investment on the assumption that its rights are exclusive as to other competitors.