Delaware Shrink Wrap End User Software License Agreement is a legally binding contract between the software Licensor and the End User, outlining the terms and conditions associated with the use of the software. This agreement is referred to as "shrink wrap" due to its origination from the practice of sealing software packages with shrink wrap plastic. In Delaware, there are various types of Shrink Wrap End User Software License Agreements available, depending on the specific software and its intended use. Some common types include: 1. Standard Shrink Wrap License: This agreement is commonly used for off-the-shelf software products and limits the End User's rights to use, copy, modify, distribute, or transfer the licensed software. The agreement typically includes provisions regarding software ownership, intellectual property rights, warranty disclaimers, and limitations of liability. 2. Customized Shrink Wrap License: This type of agreement is negotiated and tailored specifically for the software being licensed. It allows for customization of certain terms and conditions to meet the unique requirements of the software Licensor and the End User. It may include additional provisions related to support services, maintenance, updates, or upgrades. 3. Enterprise Shrink Wrap License: This agreement is designed for larger organizations that require licenses for multiple users or multiple locations within their business. It may include provisions for volume discounts, concurrent user licensing, or multi-user access, depending on the specific needs of the organization. 4. Evaluation or Trial Shrink Wrap License: This type of license agreement allows End Users to evaluate the software before making a purchase decision. It typically has a limited duration and restricts certain functionalities, usage, or access rights. The agreement often contains terms for termination, conversion to a paid license, or restrictions on reverse engineering. Key elements of a Delaware Shrink Wrap End User Software License Agreement include: a) Grant of License: Clearly defines the rights and restrictions granted to the End User for using the software. b) Restrictions on Use: Specifies any limitations or conditions on the End User's use of the software, such as prohibiting reverse engineering, decompiling, or unauthorized redistribution. c) Intellectual Property Rights: Outlines the ownership and protection of intellectual property associated with the software, including copyrights, trademarks, and trade secrets. d) Warranty and Support: Describes any warranties provided by the Licensor and any support services available to the End User. e) Limitations of Liability: Defines the extent to which the Licensor may be held liable for any damages or losses incurred by the End User in connection with the software. f) Termination: Specifies the conditions under which the license may be terminated, such as breach of the agreement or non-payment of license fees. g) Governing Law and Jurisdiction: States the laws of Delaware that govern the interpretation, enforcement, and resolution of any disputes arising from the agreement. In conclusion, the Delaware Shrink Wrap End User Software License Agreement is a comprehensive legal document that governs the relationship between the software Licensor and the End User. It protects the rights of both parties and ensures compliance with intellectual property laws and contractual obligations.