If you primarily provide software via a browser, but you`re downloaded, you`ll probably need a subscription service contract, because you`re really into the SAAS business. However, if you primarily provide software that is downloaded, but some services are provided (perhaps support, maintenance, training or web services), you will probably need a CLA because you are active with the license of your software. In addition, some models may be more likely to be a true hybrid, with an SAAS agreement for your online subscription service, then an EULA for the software downloaded and used with the subscription service. 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. The acronym EULA represents the end user license agreement and is sometimes referred to as a software license agreement. License – What are the licensee`s rights to the software? Can the licensee under-concede any of these rights? What specific conditions, restrictions and prohibitions should be imposed on the licensee? A checklist for software licensing agreements can help simplify the process of creating and negotiating a software license agreement or creating a software licensing model. The development of such an agreement or proposal involves the planning and possible handling of a large number of technical, economic and legal issues. Any questions or comments? Chat with me Structural decisions about how these types of agreements are designed don`t stop with user rights. For example, there are decisions that the author must make based on the type of data collected by the product, where the data is stored, the risk to the company if a third party accesses the data and what should happen to the data at the end of the relationship.
In addition, there are decisions that need to be made based on whether the use of the product depends on the importation of existing data into the software and the efficient reading of that data. Let`s make these decisions right for you! There is not a single form of software licensing agreement. A software license agreement can vary as much as the software to which it refers, and software and software licensing models are constantly changing and evolving. Despite this fluidity, a checklist of software licensing agreements can be a useful tool for both licensees, licensees and their internal stakeholders, whether negotiating a live agreement or preparing a software licensing agreement. Leave your confidentiality provision properly written! The confidentiality provision should apply to both parties and consider the right of one party to induce the other party to keep sensitive information relating to business or business secrecy confidential. On the other hand, the confidentiality of software and documentation is better taken into account in the provisions relating to usage restrictions. “licensed copies,” the number of copies of the software and documentation granted to the licensee. The four sections described above provide only a brief overview of what you can expect from a standard software license agreement.
There are a few key clauses that you want to include to make sure you are well protected, no matter what may happen in the future. While it`s hard to predict anything that can happen, you can take the time to make sure you protect yourself as much as possible by including these essential clauses.