OEM Software License Agreement
What this document covers
The OEM Software License Agreement is a legal document that grants a license to a customer (Licensee) from a supplier (Supplier) to copy, market, and distribute specific software programs and associated documentation. This agreement is particularly useful for businesses engaging in the resale or distribution of software products, ensuring compliance with licensing terms. Unlike general software licenses, this agreement specifically caters to original equipment manufacturers (OEMs) and includes detailed terms for distribution within a designated territory.
Main sections of this form
- Business terms outlining the parties involved, license duration, and territory.
- Details about the software, including product specifications, version, and associated fees.
- Payment structure specifying initial and per-copy license fees.
- Definitions of the equipment with which the software can be used.
- Terms regarding adaptation of the software and obligations of the Licensee.
- Provisions related to warranty, maintenance, and update responsibilities.
When to use this form
This form is needed when a business intends to license software from a supplier for distribution alongside its hardware products. It is essential when an OEM wants to ensure that it has the right to market and sell the software bundled with its equipment, and when it aims to comply with applicable laws governing software usage and distribution.
Who should use this form
- Businesses that develop hardware and require software to be bundled with their products.
- Software developers seeking to license their products for distribution through OEMs.
- Companies looking to ensure legal compliance in software licensing and distribution agreements.
How to complete this form
- Identify and fill in the names of the Supplier and Licensee, including their corporate status.
- Specify the software and related documentation, including product names and versions.
- Detail the payment structure, including the initial license fee and per-copy fees.
- Enter equipment details necessary for software operation.
- Complete the territory specification where software distribution is authorized.
- Ensure that authorized representatives sign the agreement for both parties.
Notarization requirements for this form
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Common mistakes to avoid
- Failing to specify the correct territory for software distribution.
- Omitting complete details on payment terms, leading to confusion later.
- Not including equipment specifications, which are critical for software compatibility.
- Neglecting to have the agreement signed by authorized representatives.
Why use this form online
- Immediate access to a professionally drafted template, saving time and effort.
- Easy customization to fit specific business needs and scenarios.
- Increased reliability with templates crafted by licensed attorneys, ensuring legal compliance.
Form popularity
FAQ
What is a Licensing Agreement? 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.
A license agreement is a business contract between two parties. The licensor (the seller of the license) owns the asset being licensed and the licensee (the buyer) pays for the right to use the license. The licensee pays royalties to the owner in exchange for the right to sell the product or use the technology.
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.
Exclusive or non-exclusive. In an exclusive license, the intellectual property holder is licensing the work only to one person, for that particular use/territory. Territory. Use. Attribution. Derivative works. Confidentiality. Time frame. Termination.
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.
The 3 P's of collegiate licensing are protection, promotion, and profit.
An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.
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.
Download a template for a licensing agreement. Choose your role as the licensor or licensee. Define the license(s) in the agreement. Decide whether the license is exclusive or not. Settle the matter of fees and payment schedule. Add a renewal date and rules.