This clause limits the licensing of a site. You can do it, or become creative and limit it in another way. Be sure to clearly state what the “site” is. Guarantees mean nothing without appropriate corrective measures. Corrective measures in the event of an infringement must be properly described. A lawyer can help you determine what corrective action may be appropriate. MaRS has created a software licensing model to optimize activity for investors, founders and their respective legal advisors. While MaRS makes this document available for educational purposes and facilitates the negotiation of terms between investors and startups, the model you can use at your own risk is yours. Please note the non-responsibility below. The acronym EULA represents the end user license agreement and is sometimes referred to as a software license agreement. A software license agreement gives the licensee a non-exclusive and non-transferable right to use software.
A software license agreement defines how this software can be used and what happens in the event of a breach. Priori`s standard software license agreement can help you understand the important terms to include in your software license agreement and the collaboration of those terms in the document. While this software licensing model is a good representation of a standard software license agreement, you should want a priority lawyer to tailor the document to your unique situation. This section is about the liability limitations associated with the software. In addition, insurance provisions are important when the software provider will call on its staff on the customer`s website. This is a different type of liability risk that may also need to be addressed. 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.
Watch out for the parties. If you want limited liability, hire your limited liability unit here. Only the owner of the software can license the software. Is the other company responsible? Does the other entity include subsidiaries or related companies? “Non-exclusive” means that you can license the software to someone other than that client. Non-exclusive licenses are less valuable than exclusive licenses. “Non-inserable” means that the customer cannot “sell” the rights he obtains in this contract. This restriction makes this license less valuable to the customer. These two concepts have many implications that go beyond the scope of this remark. The right to “use” is a little too vague. Define more precisely: can the customer make copies or distribute the software? If you buy a physical copy of the software (for example.
B on a CD) in an electronics store, the CLA can be displayed as a paper document or manual in the field. “licensed copies,” the number of copies of the software and documentation granted to the licensee. The licensee grants the licensee a non-exclusive and non-transferable license for the use of the software and documentation only for internal exploitation on the site or environment and (2) to copy the software and documentation only for archiving or backup purposes, provided that all titles, trademarks and all copyright mentions , ownership and restrictions are reproduced in all of these copies and all copies are subject to the terms of this Agreement.