A Texas Click-Wrap Software License Agreement is a legally binding contract entered into by the software owner or developer and the user upon installation or usage of a software application. It outlines the terms and conditions that the user must agree to before being granted the right to use the software. This type of agreement is commonly used by software companies in Texas to protect their intellectual property rights and limit their liability in case of misuse or unauthorized distribution of their software. It also helps establish the rights and obligations of both the software company and the user, ensuring a fair and transparent relationship. The Texas Click-Wrap Software License Agreement typically includes key provisions such as: 1. License Grant: This section specifies the scope of the license granted to the user, including any limitations on usage, the number of permitted installations, and whether the license is perpetual or time-limited. 2. Restrictions: It outlines any restrictions on the use, copying, modification, or distribution of the software. This aims to prevent unauthorized use or duplication, safeguarding the software owner's rights. 3. Intellectual Property Rights: The agreement typically emphasizes that the software owner retains all intellectual property rights and that the user does not gain ownership over the software. It may also govern the use of any trademarks or copyrighted materials associated with the software. 4. Support and Updates: This section explains whether the software owner is obligated to provide technical support or updates, and if so, the terms under which these services will be provided. 5. Limitations of Liability: It limits the software company's liability for any damages arising from the use of the software, such as loss of data or system failures. However, this provision may be subject to legal limitations imposed by Texas law. 6. Termination: This details the circumstances under which the agreement can be terminated, such as breach of the terms or expiration of the license, and outlines the rights and responsibilities of both parties upon termination. Different types of Click-Wrap Software License Agreements in Texas may have variations based on factors such as specific software industry practices, the nature of the software being licensed (e.g., proprietary software, open-source software), or if the agreement is intended for commercial use or personal use. As Texas follows general U.S. legal principles in the formation and enforcement of software license agreements, it is crucial for both software companies and end users to carefully review and understand the terms of the agreement before accepting its terms. Seek legal advice if needed to ensure compliance and protection of rights.