I'd say an "implied license" would be contingent on payment. eg, if you verbally agree to let them use the code and quote them a fee, failure to pay the fee sho

I'd say an "implied license" would be contingent on payment. eg, if you verbally agree to let them use the code and quote them a fee, failure to pay the fee should definitely disqualify from that "implied license". Same way as if I pick up a copy of windows from a shop without paying or figure out a way to download a valid windows license without paying - I don't have the license as I never actually paid for it, regardless of any agreements Microsoft might have written in the box about the license.