Nevada Checklist - Software License Agreement Provisions

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Multi-State
Control #:
US-04089BG
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Word; 
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Description

A software license agreement offers a contractual remedy against the user for failing to comply with any provision in the agreement. This is in addition to any other legal remedies that may be available, such as those under copyright law. A license agreement should set forth the parameters and restrictions on use of the software. They are also important to limit the software owners' liability for use of the software which can significantly lower the site's risk of doing business. These agreements can also waive legal warranties which are implied into the sale of software including warranties of non-infringement.
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FAQ

A licensing agreement allows the licensee to use the software, access support services, and receive updates. These benefits enhance user experience and software functionality. By following the Nevada Checklist - Software License Agreement Provisions, you can ensure that these allowances are well articulated.

A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. A software license agreement also defines and protects the rights of the parties involved in a clear and concise manner.

The licensing agreement should explain what the licensee can do with the license. It should say whether the license is exclusive or not. It should also discuss whether the licensor gets to use the license or cedes all rights to the licensee.

Most licensing agreements will be valid only for a certain length of time....Scope of the AgreementExclusivity.Territory Rights.Guarantees of Sales.

A software license agreement should include the licensor's reservation of all its rights not specifically granted to the licensee and the licensee's acknowledgment of the licensor's ownership of the licensed software. Payment terms.

Common Clauses for an EULA. There are a few clauses that should be included in every EULA. These clauses address license granting, restrictions on use, infringement information, termination of licensing, and disclaimers and limitations of warranties and liability.

Software licensing terms and conditions usually include fair use of the software, the limitations of liability, warranties and disclaimers. They also specify protections if the software or its use infringes on the intellectual property rights of others. Software licenses typically are proprietary, free or open source.

As a general rule, any well-drafted license agreement should address the following topics:Scope of the grant.Term and renewal.Performance standards and quotas.Payments to the licensor.Quality control, assurance and protection.Insurance and indemnification.Accounting, reports and audits.More items...?

Common Clauses for an EULA. There are a few clauses that should be included in every EULA. These clauses address license granting, restrictions on use, infringement information, termination of licensing, and disclaimers and limitations of warranties and liability.

Reviewing Software License AgreementsLicense: Scope.Deliverables.Source Code.Services Furnished.Disclosure/Access.New IP/Developments.Open Source.Acceptance/Warranties.More items...?

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Nevada Checklist - Software License Agreement Provisions