West Virginia Checklist - Software License Agreement Provisions

State:
Multi-State
Control #:
US-04089BG
Format:
Word; 
Rich Text
Instant download

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

Consideration for a license agreement refers to what each party agrees to provide the other, typically the payment for software in exchange for usage rights. This can also include additional benefits, such as ongoing support or exclusive access to updates. Understanding the role of consideration is key to drafting an agreement that meets the West Virginia Checklist - Software License Agreement Provisions.

Obligations in a licensing agreement often include compliance with the terms, payment of royalties, and proper usage of the software. Both parties must adhere to these obligations to maintain a functional relationship. The West Virginia Checklist - Software License Agreement Provisions can help clarify these responsibilities.

A licensing agreement allows the licensee to use the licensed software, modify it if permitted, and distribute it under set conditions. It is important to clearly define these allowances within the agreement. A West Virginia Checklist - Software License Agreement Provisions can guide you through these specifics.

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.

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

Common Clauses for an EULA. There are a few clauses that should be included in every EULA. These clauses address license granting, restrictions on use, infringement information, termination of licensing, and disclaimers and limitations of warranties and liability.

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

The clauses include:License Granting. The primary purpose of an end-user license agreement is to give the buyer or user the right to use the application.Restrictions for Use.Related Agreements.Copyright Infringement.Termination of Licensing.Warranty Disclaimer.Limitations of Liability.

Most licensing agreements will be valid only for a certain length of time....Scope of the AgreementExclusivity.Territory Rights.Guarantees of Sales.

Precisely identifying which intellectual property will be the subject of the license is necessary to ensure both parties are on the same page and not exceeding their rights.Scope of the Grant.Exclusivity.Territory.Term.Compensation.Termination.Conclusion.

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West Virginia Checklist - Software License Agreement Provisions