A North Dakota Software Sales and License — Back Agreement is a legally binding contract that outlines the terms and conditions for the sale and licensing of software in the state of North Dakota. It involves a software company (licensor) selling its software to a customer (licensee) while retaining a license to use the software themselves. This agreement typically includes various clauses and provisions to protect the rights and interests of both parties involved. The key features of a North Dakota Software Sales and License — Back Agreement include: 1. Software Description: This section provides a detailed description of the software being sold and licensed, including any unique features or functionalities. 2. Grant of License: The agreement grants the licensee a non-exclusive, non-transferable license to use the software for their internal business purposes. It specifies the scope of the license, such as the number of authorized users and any restrictions on usage. 3. License Fees and Payment Terms: This section outlines the fees associated with the software license, including any upfront charges, ongoing maintenance fees, and payment terms (e.g., due date, method of payment). 4. Maintenance and Support: The agreement may include provisions for software maintenance and technical support, including response times, bug fixes, and updates. 5. Intellectual Property Rights: This section clarifies the ownership and protection of intellectual property rights related to the software. It specifies that the licensor retains all rights, title, and interest in the software. 6. Confidentiality: Both parties agree to keep all confidential information shared during the agreement's term confidential and not disclose it to third parties. 7. Term and Termination: This section defines the duration of the agreement and conditions under which either party can terminate it, such as breach of terms, non-payment, or mutual agreement. 8. Limitation of Liability: The agreement may include clauses that limit the liability of both the licensor and licensee in case of damages, losses, or unforeseen events. Types of North Dakota Software Sales and License — Back Agreement can vary depending on the specific software being sold and the preferences of the parties involved. Some common variations include: 1. Single-User License Agreement: This agreement grants a license for the software to be used by a single user within the licensee's organization. 2. Multi-User License Agreement: The agreement allows multiple users within the licensee's organization to use the software, typically for an additional fee. 3. Enterprise License Agreement: This type of agreement offers a broader license to the software, allowing unlimited users within the licensee's organization to use it. 4. Maintenance and Support Agreement: A separate agreement focusing on software maintenance, updates, and technical support, which can be combined with the primary sales and license agreement or offered as a standalone document. In conclusion, a North Dakota Software Sales and License — Back Agreement is a comprehensive contract that governs the sale and licensing of software in the state. It ensures that both the licensor and licensee understand their rights, obligations, and restrictions regarding the software's usage.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.