Software Product License Agreement Template

Posted on April 12, 2021

As a software owner, you understand that your work doesn`t stop when the product is purchased or downloaded – a software license agreement can help you, your product and the customer defend you, your product and your customers. It is important to say what is correct and what is not in your software license agreement. Treat things as guidelines for unauthorized copying, restrictions on the use of your software and, if necessary, warranties. The software is copyrighted as a literary work after 17 U.S.C. The basis of a software license agreement is therefore the granting of a copyright license to the licensee; The use of the software is conditional on the licensee accepting and maintaining the terms of the software license agreement, and the license sometimes contains limited rights to reproduce the licensee`s internally used software. Licensing rules are relatively flexible and allow for different types of licences and different types of restrictions and prohibitions. However, the document is not suitable for licensing source code; nor should it be used when copyright is transferred to software and is not allowed. Open source software can be used for commercial purposes and there is no way to restrict the use of the software. Developers also cannot control who is using the software and for what purpose, which is often a concern for those who may use it for illegal or unethical reasons. It is akin to a product or service agreement, as it defines the rights and obligations of both parties with respect to the software. The parties should have the opportunity to negotiate their rights before concluding the agreement.

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. In addition to restrictions on the use of the software, the creation of software licensing agreements should also take into account geographic restrictions regarding the use of the software. Most licensees limit the use of software to a particular country or website. If the use of the software is not limited to a given country or geographic location, this can also lead to a number of export problems. In addition, the limitation of geographical scope is closely linked to the redress of intellectual property rights. In the absence of a geographical restriction for the use of the licensed software, the scope of the compensation granted by the licensee may be extended.

On the other hand, you can only use the product with a license. Often you can`t edit, copy or resell it, unless you have the right to do so. In our chair example, you could use the chair, but you may not be able to do another chair. You couldn`t sell it to someone else or change it one way or another. 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. Patents prohibit others from using, selling or manufacturing a specified invention for a specified period of time, while copyrights protect certain materials from publication.

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