Utah Checklist - Software License Agreement Provisions

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Multi-State
Control #:
US-04089BG
Format:
Word; 
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Description

A software license agreement offers a contractual remedy against the user for failing to comply with any provision in the agreement. This is in addition to any other legal remedies that may be available, such as those under copyright law. A license agreement should set forth the parameters and restrictions on use of the software. They are also important to limit the software owners' liability for use of the software which can significantly lower the site's risk of doing business. These agreements can also waive legal warranties which are implied into the sale of software including warranties of non-infringement.
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FAQ

A licensing agreement typically allows users to access the software, use it under specific terms, and sometimes modify or integrate it with other applications. These permissions vary based on the license type and the developer's stipulations. For clarity on what your licensing agreements entail, check the Utah Checklist - Software License Agreement Provisions for guidance.

Five common special clauses you may find in a contract include confidentiality, indemnification, dispute resolution, force majeure, and governing law clauses. These clauses help establish clear expectations and solutions for potential issues. Utilize the Utah Checklist - Software License Agreement Provisions to ensure that you include all necessary clauses.

A SaaS agreement usually includes essential clauses such as service level agreements, data security measures, and termination rights. These clauses help to define how the service is delivered and protect both parties' data. Familiarize yourself with the Utah Checklist - Software License Agreement Provisions to stay compliant and safeguard your interests.

As a general rule, any well-drafted license agreement should address the following topics:Scope of the grant.Term and renewal.Performance standards and quotas.Payments to the licensor.Quality control, assurance and protection.Insurance and indemnification.Accounting, reports and audits.More items...?

A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. A software license agreement also defines and protects the rights of the parties involved in a clear and concise manner.

Common Clauses for an EULA. There are a few clauses that should be included in every EULA. These clauses address license granting, restrictions on use, infringement information, termination of licensing, and disclaimers and limitations of warranties and liability.

A software license agreement should include the licensor's reservation of all its rights not specifically granted to the licensee and the licensee's acknowledgment of the licensor's ownership of the licensed software. Payment terms.

Reviewing Software License AgreementsLicense: Scope.Deliverables.Source Code.Services Furnished.Disclosure/Access.New IP/Developments.Open Source.Acceptance/Warranties.More items...?15 Sept 2020

Reviewing Software License AgreementsLicense: Scope.Deliverables.Source Code.Services Furnished.Disclosure/Access.New IP/Developments.Open Source.Acceptance/Warranties.More items...?

Software licensing terms and conditions usually include fair use of the software, the limitations of liability, warranties and disclaimers. They also specify protections if the software or its use infringes on the intellectual property rights of others. Software licenses typically are proprietary, free or open source.

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Utah Checklist - Software License Agreement Provisions