Maryland License Agreement for End User Software with Limited Warranty

• Category: Licenses - Limited Warranties
• State: Multi-State
• Control #: US-03107BG
• Format: Word; Rich Text

Description

Limited warranties are governed by federal and state laws, which vary by state, and provide a measure of protection for consumers of various products and services that they will perform their intended uses and live up to claims made. Under the Uniform Commercial Code (UCC), which has been adopted in some form by almost all states, liability for breach of warranty is based on seller status. Manufacturer, distributor, and retailer could all be jointly and severally liable, so that the full amount of damages could be collected from one or any of them. The distributor and retailer may be able to escape liability if the manufacturer is not bankrupt. Purchasers, consumers, users, and even bystanders are entitled to sue in most states for breach of warranty.

Maryland License Agreement for End User Software with Limited Warranty is a legally binding contract that outlines the terms and conditions governing the use and acquisition of software in the state of Maryland. This agreement serves to protect the rights of both the software manufacturer or licensor and the end user, ensuring a fair and transparent relationship. The Maryland License Agreement for End User Software with Limited Warranty typically includes the following key components: 1. Definitions: This section provides clear definitions of terms used throughout the agreement, ensuring clarity and consistency in interpretation. 2. Grant of License: This clause outlines the license granted by the software manufacturer to the end user, specifying the scope of use, limitations, and any additional rights or restrictions placed on the user. 3. Ownership and Intellectual Property: The agreement establishes that the software manufacturer retains full ownership and intellectual property rights over the software. It also prohibits any unauthorized use or duplication of the software. 4. Limited Warranty: This section offers a limited warranty for the software, specifying any guarantees provided by the manufacturer. The warranty often covers defects in materials, workmanship, and functionality under normal usage conditions. 5. Limitation of Liability: This clause sets the limitations on the software manufacturer's liability for any damages incurred by the end user resulting from the use or malfunction of the software. 6. Term and Termination: The agreement defines the duration of the license, whether it is perpetual or for a fixed term. It also outlines the circumstances under which either party can terminate the agreement. 7. Governing Law: This section specifies that the Maryland License Agreement for End User Software with Limited Warranty is governed by and interpreted in accordance with the laws of the state of Maryland. Different types or variations of Maryland License Agreements for End User Software with Limited Warranty may exist depending on the specific industry, software type, or licensing model. For instance: — Maryland License Agreement for End User Open Source Software with Limited Warranty: This agreement is tailored for open-source software, which is typically made freely available to the public with certain licensing conditions. — Maryland License Agreement for End User Commercial Software with Limited Warranty: This type of agreement applies to commercial software that is sold for a fee, usually governed by a more comprehensive set of terms and conditions to protect the software developer's interests. — Maryland License Agreement for End User Software as a Service (SaaS) with Limited Warranty: This agreement is specific to software provided as a service, often accessed through the internet, where no physical copy is installed or downloaded onto the user's device. These variations reflect the unique characteristics and legal considerations associated with different software licensing models, ensuring that both software manufacturers and end users are adequately protected under Maryland law.