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French to English translations [PRO] Law/Patents - Law: Contract(s) / User licence
French term or phrase:exécution de la licence
This is a user licence for a robot and its software.
While I am aware that 'exécution' can mean 'performance' or 'fulfilment' (in a service contract for example, where something is to be delivered) or 'enforcement', I do not understand how a user licence can be fulfilled/performed/enforced.
Some examples: 'chacune des Parties s’engage à détruire les informations confidentielles ... qu’elle détient en raison de l’exécution de la Licence' '... tout litige qui surviendrait dans l'exécution de la présente Annexe [the user licence]'
It does nonetheless sometimes refer to the 'exécution' of obligations: 'les obligations énoncées ci-dessus ont été intégralement exécutées'
Before, or within one hour of, commencing to **exercise** its Temporary Gambling licence, a Temporary Gambling licensee shall notify the Commission of its intention to, or its actual, **exercise** of that licence and the reason for its exercise. http://www.gamblingcontrol.org/wp-content/uploads/2015/06/Te...
In this particular context, your solution did work. Interestingly, this is now the second time in two days that 'implementation' worked well as a translation of 'exécution'. 4 KudoZ points were awarded for this answer
Yes, the Google search results have certainly caused a problem but the hits we can see for "performance of the license" generally have a noun like "performance of the license AGREEMENT" or "performance of the license OPERATOR" (with some exceptions admittedly)
There may be a difference here between US and UK English which we can all calmly discuss but giving out disagrees and being sanctimonious puts peoples' backs up.
i see that the asker rejected this answer in favour of "use/exercise/implementation" and most people who responded seem to have favoured this too despite the unfair disagree.
On the often used argument of Legalese, most countries have declared that they want to move away from it as has the EU:
"the wording of (an) Act should be clear, simple, concise and unambiguous; unnecessary abbreviations, "community jargon" and excessively long sentences should be avoided".
This question is for me a good example of where it was completely unnecessary to use Legalase.
For the record: A search for "performance of the licence" returns a page that says that there are 1.5 million hits. However, if you go to the bottom, you find only two pages of hits, or about 10 hits. A search for "performance of the license" returns a page that says that there are 10.5 million hits. However, if you go to the bottom, you find only four pages of hits, or about 20 hits.
Truly weird. Using Firefox, 28 hits, using Chrome, around 10,000,000 but if you look at the number of pages, there are just 4 pages with around 30 hits after all (which makes no sense)
SafeTex, I'm not sure what's wrong with your search (perhaps check your spelling of all words?), because this phrase in quotes gets 1.5 million google hits: "performance of the licence." The US spelling in quotes ("performance of the license") gets 10.1 million hits.
But you cannot "perform a license" in English
...says the guy with a degree in linguistics. Yes you can, says the intellectual property lawyer, whose profession involves drafting, reviewing and litigating intellectual property licenses in English.
If you're honest with yourself, which of us do you think knows more about English legalese? And if you wouldn't aggressively insist that a cardiologist is wrong about an English cardiology term, why do you insist that an intellectual property lawyer is wrong about an English intellectual property law term?
I wouldn't aggressively insist that you were wrong about linguistics jargon, because you've got a degree in linguistics and I don't. Just saying.
[SafeTex]... a suggestion that is barely standard English
It's not standard English at all. It's legalese, the type of English seen in legal contracts -- the type of documents that I draft, review, and litigate on a regular basis, since I'm an intellectual property lawyer.
In a discussion on the translation of a cardiology term, would you tell a translator who was also a cardiologist that their proposed translation was wrong because it didn't get many Google hits and was "barely standard English"? I hope not, because that would be ridiculous.
BTW "performance of the licence" gets 1.5 million hits, with directly relevant ones right on page 1: a legal treatise called "Intellectual Property & Private International Law"; an EU court judgment about "an arbitration award relating to the performance of a [patent] licence agreement"; etc.
[PhilGoddard]: A license is a permission to do something, be it kill badgers or sell someone else's products
Are you always this defensive? Or do you sometimes like to learn things you didn't already know? The language used in legal contracts is not the same as the language used in applications for badger-killing licenses.
I can understand why you think I'm wrong, since you posted examples of the word "licence" together with the words you proposed. The thing is, "license" means different things in different contexts, and your examples are from a completely different context.
The OP's text is part of a technology licensing contract between businesses. Party A is granting Party B a license to use Party A's technology (a robot and its software). In FR these are "contrats de licence de technologie" or "licences de technologie." It's a droit commercial term.
The examples you posted are not contracts at all; they're about government permits (a.k.a. licenses) to kill badgers, legally operate a gambling website, or become a bartender. In FR these are often called "permis" (def. B ici: https://www.cnrtl.fr/definition/permis ) -- for instance, un permis de chasse au blaireau -- or "licences" (licence de débit de boissons). It's a droit fiscal or droit administratif term.
The language of government permit granting is not the same as the language of commercial technology contracts. That's why your translation hits the wrong register and your examples don't mean that it's right.
Automatic update in 00:
Answers
3 hrs confidence:
performance of the license
Explanation: This sounds like it should be the usual "performance" translation. Any contract is performed by simply doing what the contract says. A licensee performs by using the licensed technology and paying the licensor as agreed. The licensor performs by accepting payment and not suing the licensee for infringement.
Execution in EN also means contract signing, and it can mean that in FR, but that's clearly not what it means here because Party A doesn't get Party B's confidential information simply by signing the contract. They get it over the course of performance -- evidently the license contemplates a giving or exchange of confidential info (perhaps customer lists, business know-how or trade secret technologies).
-------------------------------------------------- Note added at 3 hrs (2019-09-04 15:01:25 GMT) --------------------------------------------------
PS given the reference to confidential info, it sounds like performance of this license will include one party giving some confidential info to the other (or both parties exchanging certain confidential info that they have).
Eliza Hall United States Local time: 18:14 Specializes in field Native speaker of: English PRO pts in category: 60
Notes to answerer
Asker: Thank you Eliza - not the solution I chose - but I did mention to my colleague how helpful you generally are!