Vendor-Oriented Shrink-Wrap Software License Agreement
About this form
The Vendor-Oriented Shrink-Wrap Software License Agreement is a legally binding document that allows purchasers to use software under specific conditions set by the software licensor. This form is specifically tailored for the software industry, differentiating it from other license agreements by focusing on shrink-wrap licenses that are accepted by users upon opening the software package. It provides clear guidelines on usage, warranty, and liability, ensuring both parties understand their rights and responsibilities.
Main sections of this form
- License terms granting nonexclusive rights to use the software
- Conditions under which the license can be terminated
- Prohibition against copying, modifying, or distributing the software
- Statement regarding the delivery of the software in object code
- Limited warranty and disclaimer of additional warranties
- Limitation of liability for damages arising from software use
- Governing law clause specifying jurisdiction
When this form is needed
This form should be used when you need to license software under a shrink-wrap agreement. It is applicable when software is packaged and sold to end-users who accept the terms by opening the package. This can be useful for software developers, companies distributing software, or any individual looking to legally protect their software products while providing users with the right to use them under specified conditions.
Who needs this form
This form is ideal for:
- Software developers and publishers offering shrink-wrap software
- Businesses distributing software to customers
- Individuals purchasing software that requires a license agreement
- Legal professionals advising clients on software licensing issues
Instructions for completing this form
- Identify the licensor and licensee, including their contact information.
- Clearly specify the software and documentation being licensed.
- Include any restrictions on the use of the software.
- Specify the terms regarding warranty and liability.
- Indicate the governing law applicable to the agreement.
Does this document require notarization?
This form does not typically require notarization unless specified by local law. Make sure to verify any jurisdictional requirements that may apply in your specific case.
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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.
Avoid these common issues
- Failing to read the terms before accepting the license.
- Not specifying the governing law, which can lead to disputes.
- Ignoring limitations on modifications and transfers of the software.
- Overlooking the implications of the limited warranty provided.
Why use this form online
- Convenient access to legal documentation from anywhere.
- Easy to edit and customize according to specific needs.
- Reliability of guidance from licensed attorneys who draft the forms.
Legal use & context
- This agreement provides a legally binding contract outlining software usage permissions.
- It is enforceable as long as both parties have agreed to the terms prior to software use.
- Limitations on liability protect the software provider against unforeseen claims.
Key takeaways
- The form is essential for protecting both the vendor's and the purchaser's rights.
- Careful attention should be paid to the terms regarding usage and liability.
- Proper completion and understanding of the terms can prevent legal disputes.
Key terms explained
- Licensee: The party purchasing the rights to use the software.
- Licensor: The party providing the software and issuing the license.
- Object code: The machine-readable code generated from source code, which the user can run.
- Shrink-wrap license: A type of software licensing agreement that is accepted when the user opens the software package.
- Limited warranty: A warranty that limits the extent of liability and guarantees regarding the product.
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FAQ
A click-wrap license presents the user with a message on his or her computer screen, requiring that the user manifest his or her assent to the terms of the license agreement by clicking on an icon. n12 The product cannot be obtained or used unless and until the icon is clicked.
A Shrink Wrap agreement can be defined as a legal agreement that is packaged within a product. In this type of agreement, products are sealed or enclosed in shrink wrap (plastic wrap) implying that the goods (and thus the legal document) can only be viewed by the customer who purchases it.
In the defining statement of the opinion, the court held that, "shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." The court concluded that no contract was formed by the parties until the buyer "accepted" the seller's terms by electing to keep the
Definitions of shrink-wrapped software. noun. software on CD-ROMs that are boxed and shrink-wrapped and sold in stores (implying a widely supported standard platform) see more. type of: computer software, package, software, software package, software program, software system.
