Software Delivery – How does the licensor deliver the software to the licensee? We publish and maintain a wide range of legal documentation for software licensing. We have listed the most important documents below, with links to website-contracts.co.uk and Docular: our e-commerce sites. While website-contracts.co.uk provides downloadable MS Word documents, Docular allows you to edit your document online before uploading it. Ttiming can be decisive. You want a shorter duration if you expect your software to become more valuable – you want to be able to renegotiate earlier for better terms. And who can resign? (this goes hand in hand with the TERMINATION section) Limitation of Liability – To what extent does the contract limit the potential obligations of the parties with respect to the nature of the damage in question? Pay attention to the parts. If you want limited liability, bind your limited liability company here. Only the owner of the software can grant the software. Does the other company have limited liability? Does the other entity include subsidiaries or related enterprises? You warrant that the software conforms to the specifications. Ensure that the software complies with the specifications of your advertising materials, user manuals (online and printed), and specifications that have been added to this agreement. Otherwise, you are violating this agreement. There are also very subtle and important ways not to replace implied or explicit warranties, even if you put them in a contract. This warranty area is highly specialized and goes beyond the scope of this note.
In addition to the use of software, a software license agreement also regulates the rules for the retransmission of the product. A software license agreement is an agreement by which one copyright holder (licensor) will grant the use of a given software to another (licensee). It may be useful to consider a software license agreement ranging from an End User License Agreement (EULA) to a software development agreement. SEAs apply to common commercial software, for example. B an operating system for a PC, video game or other PC application. At the other end of the spectrum is a software development contract in which a customer commissions a developer to develop unique software tailored to the customer`s business needs. MaRS has developed a model software license agreement to streamline the activities of investors, founders and their respective legal advisors. While MaRS makes this document available for educational purposes and to facilitate the negotiation of terms between investors and startups, the model is yours to use it at your own risk. Please note the disclaimer below. Between the EULA and the software development agreement is the software license agreement, which is a more complex software license than that available from a commercial retailer, but not a single software specifically designed for the licensee. For example, enterprise software, point-of-sale systems, and internal human resource systems are typically licensed under a software license agreement and not an AESE, until it has been clearly developed under a software development agreement. The differences between the EULA and a software license are subtle, but a software license typically has more robust maintenance and support rules that ensure that the licensor will train the licensee`s personnel in the use of the software and provide throughout the lifetime of the maintenance of the software and other media.
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