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A software license agreement is the legal contract between the licensor and/or author and the purchaser of a piece of software which establishes the purchaser's rights. A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software.
Most commonly, an EULA will attempt to hold harmless the software licensor in the event that the software causes damage to the user's computer or data, but some software also proposes limitations on whether the licensor can be held liable for damage that arises through improper use of the software (for example,
Precisely identifying which intellectual property will be the subject of the license is necessary to ensure both parties are on the same page and not exceeding their rights.Scope of the Grant.Exclusivity.Territory.Term.Compensation.Termination.Conclusion.
Ten Tips for Negotiating Software Licenses and Service AgreementsDon't assume you can't negotiate.Understand the pricing and use schemes.Get promises in writing.Get measurable promises.Carefully look at the indemnification provisions.Consider the intellectual property investment you intend to make.More items...?
A software license agreement should include the licensor's reservation of all its rights not specifically granted to the licensee and the licensee's acknowledgment of the licensor's ownership of the licensed software. Payment terms.
An end-user license agreement (E.U.L.A.) is a legal contract entered into between a software developer or vendor and the user of the software, often where the software has been purchased by the user from an intermediary such as a retailer.
The clauses include:License Granting. The primary purpose of an end-user license agreement is to give the buyer or user the right to use the application.Restrictions for Use.Related Agreements.Copyright Infringement.Termination of Licensing.Warranty Disclaimer.Limitations of Liability.
Reviewing Software License AgreementsLicense: Scope.Deliverables.Source Code.Services Furnished.Disclosure/Access.New IP/Developments.Open Source.Acceptance/Warranties.More items...?
Key terms in EULA The most common and important clauses that every EULA requires in order to get the users to accept such EULA are license granting, restriction on use, related agreements, copyright Infringement/Intellectual property, termination of licensing, warranty disclaimer and limitation of liability.