Guam Checklist - Software License Agreement Provisions

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Multi-State
Control #:
US-04089BG
Format:
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 users to access software legally, specifies how the software can be used, and clarifies any fees or royalties. By outlining these aspects, both the provider and user understand their rights and responsibilities. This mutual understanding fosters better relationships and compliance. To ensure comprehensive coverage, refer to the Guam Checklist - Software License Agreement Provisions.

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.

Some of the important clauses that every software license should include are confidentiality clause, licensing fee clause, IP indemnification clause, warranties clause, limitation of liability clause, term and termination clause.

Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.

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.

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...?

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

Software Licensing Agreements: Five things to look out for on...The software.Restrictions on the licence.Pricing mechanism.Monitoring use and compliance.When a dispute arises.Conclusion.

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.

A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor.

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Guam Checklist - Software License Agreement Provisions