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Software licensing terms and conditions usually include fair use of the software, the limitations of liability, warranties and disclaimers. They also specify protections if the software or its use infringes on the intellectual property rights of others. Software licenses typically are proprietary, free or open source.
Within the software license agreement, it will detail where customers can it as well as how and how often it can be installed. Additionally, it should answer questions your customers may have about their ability to copy it, modify it, or redistribute it.
A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.
The difference between an End User License Agreement (EULA) and a Software License Agreement (SLA) depends on intended usage. The EULA generally governs the continuous use of the software by a group of individuals. Meanwhile, an SLA targets a specific entity for a finite period.
An option agreement is sometimes used to enable a third party to evaluate the technology and its market potential for a limited time before licensing. Sometimes a license makes the start-up ineligible for certain funding, in which case an option agreement is preferred.
An option to license gives the licensee the exclusive right to negotiate and enter into a long-term licensing agreement for products or services owned by the licensor. The licensee has the option but is not required to exercise it at their discretion.
Non-exclusivity clause, non-transferability provision, rights clause, modification clause, breach of contract clause, limitation of liability clause, and governing law clause are crucial clauses that every software license should include.
Key elements of a software development agreement typically include: Scope of Work. Payments Terms. Warranties and liabilities. Confidentiality and Non-Disclosure. Project Timeline. Termination. Intellectual Property Rights. Support and Maintenance services, and more.