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A software license is a document that provides legally binding guidelines for the use and distribution of software. Software licenses typically provide end users with the right to one or more copies of the software without violating copyrights.
200cA Software License Agreement is a contract that allows a licensee to use software, but not own it. The software maker keeps some rights that the licensee doesn't get, like continuing to sell the software to others and granting the licensee permission to use the software on a lone computer.
A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.
The most commonly used licensing agreements will include trademarks, technology, and trade secrets. Many times, these agreements will include more than one form of intellectual property. Many agreements have some similarities, but there are some significant differences as well.
Parts of a Distribution AgreementNames and addresses of both parties.Sale terms and conditions.Contract effective dates.Marketing and intellectual property rights.Defects and returns provisions.Severance terms.Returned goods credits and costs.Exclusivity from competing products.More items...
Many software-as-a-service (SaaS) contracts grant a license to use the vendor's software. That's a mistake. Licenses are for on-premise software. SaaS is a service, as the name implies, and it doesn't need a license.
Simply put, a SaaS agreement is a software provider's service agreement according to their delivery model. For SaaS software products, the provider will deliver the software and related data via the internet instead of a physical product.
Software distribution agreements specifically allow distributors to market and sell the developer's software to end users. A software distribution agreement sets forth the rights and duties of both the developer and the distributor to avoid disputes later on.
The important difference is the fact that a software license provides a product that is tangible, whereas a SaaS agreement is based on a service. For those who draft software contracts, confusing SaaS agreements and software licenses are a common occurrence.
Ultimately, an end-user license agreement protects you, the owner, or licensor of the app from copyright infringement and other misuse of the software, so it's important to include one when you are distributing software to customers.