Delaware Software License and Distribution Agreement

State:
Multi-State
Control #:
US-CP0731-AM
Format:
Word; 
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Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.

Delaware Software License and Distribution Agreement, also known as the Delaware Software License Agreement or Delaware Software Distribution Agreement, is a legal contract that outlines the terms and conditions for the licensing and distribution of software developed or owned by a party based in the state of Delaware. Key terms within the Delaware Software License and Distribution Agreement include the scope of the license, payment terms, intellectual property rights, warranties, limitations of liability, and dispute resolution mechanisms. This agreement governs the relationship between the software owner/licensor and the licensee/distributor, protecting the rights and obligations of both parties. There might be different types of Delaware Software License and Distribution Agreements based on the specific context and needs of the parties involved. Some variations may include: 1. Exclusive Software License and Distribution Agreement: This type of agreement grants the licensee exclusive rights to distribute the software within a designated territory or market segment. The licensor cannot grant similar rights to other parties in the specified territory. 2. Non-Exclusive Software License and Distribution Agreement: In this case, the licensee is granted non-exclusive rights to distribute the software. The licensor reserves the right to distribute or license the software to other parties simultaneously or in the future. 3. End-User License Agreement (EULA): Often used for consumer-focused software, an EULA is an agreement between the software owner and end-users. It outlines the terms and conditions under which the end-users can use the software. This type of license usually restricts the end-user's ability to redistribute or modify the software. 4. Reseller Agreement: A reseller agreement focuses on the distribution aspect and allows the reseller to market, sell, or distribute the software on behalf of the licensors. The licensee becomes an authorized reseller of the software and typically earns a commission or profit on each sale made. 5. OEM Agreement: An OEM (Original Equipment Manufacturer) agreement is commonly used in cases where software is bundled with hardware products. This agreement allows the hardware manufacturer (OEM) to pre-install or distribute the software with their products. It's crucial for all parties involved to carefully review and negotiate the terms of the Delaware Software License and Distribution Agreement to ensure a fair and mutually beneficial relationship while protecting their respective rights and interests. It is recommended to consult legal professionals with expertise in software licensing and distribution agreements before finalizing and executing such contracts.

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FAQ

Distribution agreements are prevalent in the business world because they allow third parties, known as distributors or licensees, to sell a developer's product to consumers. Software distribution agreements specifically allow distributors to market and sell the developer's software to end users.

Software distribution is the process of delivering software to the end user. A distro is a collection of software components built, assembled and configured so that it can essentially be used "as is". It is often the closest thing to turnkey form of free software.

In general, software works are protected by copyright, meaning that using the software in any way requires the permission of the creator or copyright holder, i.e., a license.

A software distribution license agreement is an agreement between a software owner and a distributor that allows the latter to market and sell to end users.

Software distribution agreements specifically allow distributors to market and sell the developer's software to end users.

While it is generally recommended to have a distribution agreement in place, it is not always a legal requirement. The need for a distribution agreement depends on various factors, including the nature of the products or services, the relationship between the parties, and applicable laws and regulations.

These encompass a wide spectrum of licensing scenarios, from free software (public domain) to paid commercial software (proprietary). Between these two extremes, there are also three categories (GNU/LGPL, permissive, and copyleft) that apply to various forms of open-source projects.

A software distribution platform is a solution that enables software vendors and resellers to distribute software as a service (SaaS), infrastructure as a service (IaaS), and other digital offerings to customers. This platform plays a critical role in both direct and indirect sales.

Two common categories for software under copyright law, and therefore with licenses which grant the licensee specific rights, are proprietary software and free and open-source software (FOSS).

A software license is a document that provides legally binding guidelines for the use and distribution of software. Software licenses typically provide end users with the right to one or more copies of the software without violating copyrights.

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Jun 19, 2020 — This Exclusive Software License and Distribution Agreement (the “Agreement ... Schedule 2.7(A) sets forth a complete and accurate list of all ... Licensor agrees that Distributor shall have the right to market, promote and sell all products that other Similarly Situated Authorized Distributors are ...SOFTWARE LICENSE AND DISTRIBUTION AGREEMENT. This Agreement is made this 16th day of January, 2003 ("Effective Date") by and between Netegrity, Inc., a Delaware This form is a detailed contract regarding software or computer services. It is suitable for use by businesses or individual contractors. A Delaware ... 2.4. Delivery. Licensor agrees to deliver to HP, for evaluation pursuant to Section 2.8, a Complete Copy of (i) each Program listed in Exhibit A as of the ... HNC agrees that it will commit and utilize sufficient personnel and resources to timely complete the customization and installation services called for by this ... Do any statutes in Delaware apply specifically to electronic software distribution (i.e. downloaded) over the internet? ... license fee and gross receipts tax on ... If royalties or other income accrue under an agreement granting licenses for software developed independently by two or more originators, the distribution of ... This Agreement governs the use of the Licensed Materials (defined below). BY ... 1.6 “Open Source Licensing Terms” means terms in any license for software ... This Software License and Distribution Agreement ("Agreement"), dated as of January 24, 201 I. ("Effective Date"),. Waters Technologies Corporation, a Delaware ...

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Delaware Software License and Distribution Agreement