What Is Software License Agreements

By

April 15, 2021

As a software developer, you`ve probably spent a lot of time and money developing the software you want to concede. You`re probably also counting on you to generate some income. If you think about all these efforts, you will want to make sure that there is a way to protect them. This is where a software licensing agreement comes in. These are the top five reasons why you should have a software license agreement: For some transactions, however, acceptance tests may be appropriate, z.B if significant adjustments are made (see below) to allow the licensee to use the software or integrate it into its entire IT environment. In the case of the use of acceptance tests, performance and compliance guarantees as well as support and maintenance costs are more likely to be used during acceptance than when executing the software license agreement. “licensed copies,” the number of copies of the software and documentation granted to the licensee. Licensees should be careful to limit the duration of the warranty. Many licensees require a one-year guarantee. This is a hidden risk to the licensee, as the licensee can terminate the licence agreement during the warranty period and request a refund if the donor has a substantial infringement.

A shorter warranty for a maintenance period, provided as part of a properly drafted and separate maintenance contract, can solve this problem. The ownership of digital goods, such as software applications and video games, is being challenged by EULA`s “unsold” digital distributors such as Steam. [11] In the European Union, the European Court of Justice ruled that a copyright holder could not object to the resale of software sold digitally under the copyright exhaustion rule on the first sale as a transfer of ownership, and therefore questioned the “first licensed and unsold contract”. [12] [13] [14] [15] [16] [17] The Swiss company UsedSoft has innovated the resale of business software and has fought in court for this right. [18] In Europe, the 2009/24/EC European Directive explicitly authorises the trade in second-hand computer programmes. [19] If training is required, the licensee`s obligation to make it available (when and where) should be indicated. Maintenance and support (fixes, corrected versions, new upgrades/releases, phone advice, online support and/or programming) are almost always required. Thus, either the contract should expose the licensee`s right to assistance, or a separate maintenance contract should be signed at the same time, or the contract should give the licensee the right to enter into a maintenance contract.

Comments are closed.