Washington 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

The two primary types of licensing agreements are exclusive licenses and non-exclusive licenses. An exclusive license grants specific rights to one licensee, preventing others from using the same rights. In contrast, a non-exclusive license allows multiple parties to use the software simultaneously. Understanding the difference is crucial, and a Washington Checklist - Software License Agreement Provisions can help you navigate these choices effectively.

A licensing agreement typically allows the user to install the software, access its features, and utilize updates provided by the developer. These agreements also grant rights while protecting the software's intellectual property. The Washington Checklist - Software License Agreement Provisions helps clarify these allowances further.

Precisely identifying which intellectual property will be the subject of the license is necessary to ensure both parties are on the same page and not exceeding their rights.Scope of the Grant.Exclusivity.Territory.Term.Compensation.Termination.Conclusion.

Most licensing agreements will be valid only for a certain length of time....Scope of the AgreementExclusivity.Territory Rights.Guarantees of Sales.

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...?

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.

The licensing agreement should explain what the licensee can do with the license. It should say whether the license is exclusive or not. It should also discuss whether the licensor gets to use the license or cedes all rights to the licensee.

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 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.

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Washington Checklist - Software License Agreement Provisions