New York Lista de verificación: disposiciones del acuerdo de licencia de software - Checklist - Software License Agreement Provisions

• Category: Tecnología - Contratos - Listas de verificación
• State: Multi-State
• Control #: US-04089BG
• Format: Word

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. New York Checklist — Software License Agreement Provisions: A Comprehensive Overview of Key Terms In the bustling city of New York, businesses seeking to protect their software assets opt for Software License Agreements (SLA). These agreements detail the terms and conditions of using software, ensuring that both parties, i.e., software licensors and licensees, have a clear understanding of their rights and responsibilities. To ease the process of drafting an SLA that complies with New York state laws, a New York Checklist specifically tailored to software license agreements is essential. Types of New York Checklist — Software License Agreement Provisions: 1. Intellectual Property Rights: This provision covers the ownership and protection of intellectual property associated with the software, including copyrights, trademarks, and patents. It emphasizes the licensor's rights, grants limited rights to the licensee, and disallows any modifications without explicit consent. 2. License Grant: This provision outlines the scope and extent of the license granted by the licensor to the licensee. It defines whether the license is exclusive, non-exclusive, perpetual, or limited in duration and scope. 3. Restrictions on Use: This section sets forth the limitations and restrictions on how the licensee may use the software. It may include prohibitions on reverse engineering, copying, sublicensing, or distribution without prior authorization. 4. Maintenance and Support: This provision outlines the level of maintenance and support the licensor will provide during the license term. It covers software updates, bug fixes, technical support, and any associated fees or service-level agreements. 5. Payment Terms: This section details the financial aspects, including licensing fees, payment schedules, and any additional charges or penalties for late payments or non-compliance. 6. Confidentiality and Non-Disclosure: This provision ensures that both parties maintain the confidentiality of any confidential information shared during the course of the agreement. It may include provisions for non-disclosure, non-use, and the return or destruction of confidential information upon termination. 7. Warranty and Disclaimer: This provision outlines any warranties provided by the licensor, such as the software's functionality, performance, or compatibility with certain systems. It also includes disclaimers of liability and limitations of warranty that protect the licensor from certain damages or losses. 8. Indemnification: This section deals with the responsibilities of each party in case of any third-party claims arising from the use of the software. It establishes who bears the costs and liabilities and may require the licensee to indemnify the licensor against any damages resulting from their misuse or modifications. 9. Term and Termination: This provision specifies the duration of the license, renewal conditions, and the circumstances under which either party can terminate the agreement. It encompasses termination for breach, non-payment, insolvency, or mutual agreement. 10. Governing Law and Jurisdiction: This final provision establishes that the agreement will be interpreted according to New York state laws and outlines the jurisdiction and venue for any disputes or litigation. Conclusion: The New York Checklist for Software License Agreement Provisions ensures a comprehensive and legally compliant agreement that protects both licensors and licensees. By addressing key points such as intellectual property, license grants, restrictions, payment terms, confidentiality, warranties, indemnification, termination, and governing laws, businesses can safeguard their software assets while fostering a mutually beneficial agreement with their customers.

New York Checklist — Software License Agreement Provisions: A Comprehensive Overview of Key Terms In the bustling city of New York, businesses seeking to protect their software assets opt for Software License Agreements (SLA). These agreements detail the terms and conditions of using software, ensuring that both parties, i.e., software licensors and licensees, have a clear understanding of their rights and responsibilities. To ease the process of drafting an SLA that complies with New York state laws, a New York Checklist specifically tailored to software license agreements is essential. Types of New York Checklist — Software License Agreement Provisions: 1. Intellectual Property Rights: This provision covers the ownership and protection of intellectual property associated with the software, including copyrights, trademarks, and patents. It emphasizes the licensor's rights, grants limited rights to the licensee, and disallows any modifications without explicit consent. 2. License Grant: This provision outlines the scope and extent of the license granted by the licensor to the licensee. It defines whether the license is exclusive, non-exclusive, perpetual, or limited in duration and scope. 3. Restrictions on Use: This section sets forth the limitations and restrictions on how the licensee may use the software. It may include prohibitions on reverse engineering, copying, sublicensing, or distribution without prior authorization. 4. Maintenance and Support: This provision outlines the level of maintenance and support the licensor will provide during the license term. It covers software updates, bug fixes, technical support, and any associated fees or service-level agreements. 5. Payment Terms: This section details the financial aspects, including licensing fees, payment schedules, and any additional charges or penalties for late payments or non-compliance. 6. Confidentiality and Non-Disclosure: This provision ensures that both parties maintain the confidentiality of any confidential information shared during the course of the agreement. It may include provisions for non-disclosure, non-use, and the return or destruction of confidential information upon termination. 7. Warranty and Disclaimer: This provision outlines any warranties provided by the licensor, such as the software's functionality, performance, or compatibility with certain systems. It also includes disclaimers of liability and limitations of warranty that protect the licensor from certain damages or losses. 8. Indemnification: This section deals with the responsibilities of each party in case of any third-party claims arising from the use of the software. It establishes who bears the costs and liabilities and may require the licensee to indemnify the licensor against any damages resulting from their misuse or modifications. 9. Term and Termination: This provision specifies the duration of the license, renewal conditions, and the circumstances under which either party can terminate the agreement. It encompasses termination for breach, non-payment, insolvency, or mutual agreement. 10. Governing Law and Jurisdiction: This final provision establishes that the agreement will be interpreted according to New York state laws and outlines the jurisdiction and venue for any disputes or litigation. Conclusion: The New York Checklist for Software License Agreement Provisions ensures a comprehensive and legally compliant agreement that protects both licensors and licensees. By addressing key points such as intellectual property, license grants, restrictions, payment terms, confidentiality, warranties, indemnification, termination, and governing laws, businesses can safeguard their software assets while fostering a mutually beneficial agreement with their customers.

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.