The following factors should not be considered to determine whether a license provides access or transfers a right:
Restrictions of time, geography, or use, as these are attributes of the license and do not define how the performance obligation is satisfied (for example, a term license could be a right to access or use IP depending on the arrangement)
Guarantees that the licensor has a valid patent and will defend the licensed IP from infringement, as these guarantees protect the value of the IP licensed by the customer