Vendor Oriented Software Development and License Agreement
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FAQ
An end-user license agreement (EULA, /02c8ju02d0l0259/) 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.
Perhaps the key difference between a EULA and a software license agreement is that a EULA is often meant for scenarios where many users could be using the software on a continuous basis and a software license agreement is more often used for business-to-business, often times for finite engagements.
As a general rule, companies do not own the software that they license. The corollary is that they then do not, unless expressly agreed, possess the right to transfer or assign the licensed software they use to a new entity when later involved in a merger, acquisition or internal corporate restructuring.
A software license is a contract between the entity that created and supplied an application, underlying source code, or related product and its end user.
Software licenses can generally be fit into the following categories: proprietary licenses, free software license, open source licenses. The features that distinguish them are significant in terms of the effect they have on the end-user's rights.
User agreements like EULAs are legally binding contracts between the software author and the end-user. End User License Agreements are enforceable as long as it is clear that it is a contract and both parties can understand the terms.
A software license agreement typically has broad-form confidentiality provisions that also provide that certain items fall into the bucket of one or the other party (e.g., the software for a licensor, certain data for a licensee, etc.).
A software license agreement gives a licensee a non-exclusive, non-transferable right to use software. A software license agreement defines how that software can be used and what happens in the event of breach.
In general, it is the most restrictive type of licensing agreement wherein the original code was written by the programmers are not available to the users. Thus they can use the software but they cannot modify it or redistribute it.
