This form is a Software Marketing and Licensing Agreement under Private Label. This form includes, but is not limited to, the following sections: Private Label Version of the Product, Training/Support/Update Obligations, and Representations and Warranties. The document supercedes all proposals, oral or written, all negotiations, conversations, or discussions between the parties relating to the subject of the agreement.
Software Marketing and Licensing Agreement under Private Label
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Description Software Marketing Licensing
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A software license agreement typically has broad-form confidentiality provisions that also provide that certain items fall into the bucket of one or the other party (e.g., the software for a licensor, certain data for a licensee, etc.).
An end-user license agreement (EULA, /02c8ju02d0l0259/) is a legal contract entered into between a software developer or vendor and the user of the software, often where the software has been purchased by the user from an intermediary such as a retailer.
Private label products are considered to be mostly physical items such as clothing, for example. These goods are produced by manufacturers and resold under retailers.
Perhaps the key difference between a EULA and a software license agreement is that a EULA is often meant for scenarios where many users could be using the software on a continuous basis and a software license agreement is more often used for business-to-business, often times for finite engagements.
A white label agreement is one that is created for the purpose of manufacturing of generic products by one party to be branded for and sold by another party.
A private label product is one that a retailer gets produced by a third-party but sells under its own brand name. The retailer controls everything about the product or products.
Private labeling is completely legal as long as both parties have agreed on its own terms and conditions. However, there are certification requirements involved before a product can be sold in the market. Requirements such as private label application is also necessary to confirm the product's authenticity.
In most instances, making your products available for private label will increase your revenue, but decrease your profit margin. The sales of your own brand may diminish, and may dry up completely depending on the success of the private-labeled version.
Private label agreements are a type of manufacturing agreement used to produce foods. In private labeling, a manufacturer agrees to produce their own recipe and formula that will be marketed under the branding of a third party.