Utah Checklist — Software License Agreement Provisions A software license agreement is a legal contract that defines the terms and conditions under which a software product can be used by its users. In the state of Utah, certain provisions must be included in a software license agreement to ensure compliance with local laws. This checklist outlines the key provisions that should be included in a Utah software license agreement: 1. Grant of License: This provision specifies the scope and extent of the license being granted to the user, such as whether it is a single-user or multi-user license. It also defines any limitations or restrictions on the use of the software. 2. Ownership and Intellectual Property Rights: This provision clarifies the ownership rights of the software's intellectual property. It ensures that the software vendor retains ownership of the software and any associated copyrights, trademarks, or patents. 3. Permitted Usage: This provision outlines the permissible uses of the software, including any restrictions on copying, modifying, or distributing the software. It may also include limitations on the number of installations or users. 4. Maintenance and Support: This provision specifies whether the software vendor provides any maintenance or technical support services. It outlines the terms, fees, and duration of such services, if applicable. 5. Warranty and Disclaimer: This provision details any warranties or guarantees provided by the software vendor regarding the functionality, performance, or suitability of the software. It also includes a disclaimer of liability for any damages or losses arising from the use of the software. 6. Indemnification: This provision addresses the responsibilities of both parties in case of any third-party claims or legal disputes arising from the use of the software. It outlines each party's obligation to defend and indemnify the other party against such claims. 7. Termination: This provision specifies the circumstances under which the software license agreement can be terminated, such as breach of terms or non-payment. It also outlines the consequences of termination, such as the cessation of the user's right to use the software. 8. Governing Law and Jurisdiction: This provision identifies that Utah law governs the agreement and any legal disputes will be resolved in the state courts of Utah. Types of Utah Checklist — Software License Agreement Provisions: 1. Standard Software License Agreement Provision Checklist: This checklist covers the essential provisions that should be included in any software license agreement, ensuring compliance with Utah laws and regulations. 2. Customizable Software License Agreement Provision Checklist: This checklist allows for customization based on the specific needs and requirements of the software vendor and the user. It provides a framework for adding or modifying provisions as necessary. 3. Mutual Non-Disclosure Agreement Provision Checklist: This checklist outlines the provisions specifically related to the protection of confidential information exchanged between the software vendor and the user. It ensures that both parties agree to maintain confidentiality and restrict access to sensitive information. 2. Open Source Software License Agreement Provision Checklist: For software that includes open-source components or is distributed under an open-source license, this checklist provides specific provisions to comply with the rights and obligations associated with such licenses. By including these provisions in a software license agreement and using the relevant checklist, software vendors and users can create a legally binding agreement that protects their rights and fulfills their obligations in accordance with Utah's laws.