OEM Software Program License Agreement
What is this form?
The OEM Software Program License Agreement is a legal document that grants a nontransferable, nonexclusive license for using a specific software program. This agreement is crucial for OEMs (Original Equipment Manufacturers) who wish to use, modify, or distribute software as part of their products while protecting the intellectual property rights of the software developer.
Main sections of this form
- License Grant: Details the nontransferable, nonexclusive rights to use and modify the software.
- Title: Establishes ownership and proprietary rights over the software and any modifications.
- Term: Outlines the duration of the license and conditions for termination.
- Limited Warranty: Includes the assurances provided by the developer regarding software defects and compliance.
- Limitations of Remedies: Specifies the extent of liability in the event of issues arising from the software.
- Program Updates: Addresses any potential charges associated with software upgrades.
When this form is needed
This form should be used when an OEM intends to utilize a software program provided by a developer, allowing them to integrate and distribute the software as part of their own products. It is essential in situations where the OEM needs to legally secure the use and modification rights of the software, ensuring compliance with intellectual property laws.
Who should use this form
- OEMs looking to license software to include in their products.
- Software developers providing software to OEMs.
- Businesses involved in software integration and distribution.
How to complete this form
- Identify the licensing parties, including the OEM and the software developer.
- Specify the software program being licensed, including version and purpose of use.
- Enter the terms of use, including modification and distribution rights.
- Review and accept the warranty and liability limitations outlined in the agreement.
- Ensure both parties sign and date the agreement for validity.
Notarization guidance
This form does not typically require notarization unless specified by local law. It is important to verify if additional legal requirements exist based on the state of use.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to read and understand all terms, especially around modification and distribution rights.
- Not including the correct software version in the agreement.
- Ignoring termination conditions, leading to accidental contract breaches.
Why complete this form online
- Convenience of immediate download and access.
- Editability to customize the agreement per specific needs.
- Reliability of templates drafted by licensed attorneys.
Quick recap
- The OEM Software Program License Agreement is fundamental for defining software usage rights.
- Carefully tailor the agreement to specify license terms and scope of use.
- Ensure compliance with applicable laws and keep a record of any warranties or limitations included in the document.
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FAQ
An original equipment manufacturer, OEM, agreement is used by a company that takes components of products from one or more companies in order to build one product which it then sells under its own brand and company name.
Why Are They So Cheap? The websites selling cheap Windows 10 and Windows 7 keys aren't getting legitimate retail keys straight from Microsoft. Some of these keys just come from other countries where Windows licenses are cheaper. These are referred to as gray market keys.
If you upgrade from a OEM or retail version of Windows 7 or Windows 8/8.1 to the free Windows 10 upgrade this summer, the license is consumed into it.If you upgrade from a retail version, it carries the rights of a retail version. If you upgrade from a OEM version, it carries the rights of a OEM version.
OEM software is software that comes pre-installed when you purchase a new computer. So for instance when you purchase a new PC it might come with an OEM licensed copy of Windows 8.1 Pro pre-installed on it.
The OEM license agreement exists between the various parties to address issues of branding, confidentiality, payment, quality assurance, and timeframes. An original equipment manufacturer (OEM) is a company that makes parts that may then be marketed to another manufacturer.
Original equipment manufacturer (OEM) software is designed by the original manufacturer to be white-labeled customized for the same look and feel of a particular brand's products, allowing them to put their own stamp on it. OEM software allows you to introduce solutions without the high cost of software development.
While OEM licenses are non-transferable (except applications and server products for which SA has been obtained), these licenses are invisible to software asset management tools. Boxed, retail, shrink-wrapped software. Paper license management may be required. Deployment requires Web or telephone product activation.
An OEM license refers to the license that a manufacturer installs on new devices. If this is your case, the product key isn't transferable, and you can't use it to activate another installation. (Unless you're re-activating a new installation on the same computer.)
An OEM license refers to the license that a manufacturer installs on new devices. If this is your case, the product key isn't transferable, and you can't use it to activate another installation.Usually, a Volume license allows organizations to use one master product key to activate any installation of Windows 10.
