Oakland Michigan Checklist - Software License Agreement Provisions

• Category: Technology - Software - Checklists
• State: Multi-State
• County: Oakland
• Control #: US-04089BG
• Format: Word; Rich Text

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. Oakland Michigan Checklist — Software License Agreement Provisions: 1. Definition: Provide a clear and comprehensive definition of the software covered under the agreement, including the specific version and any additional modules or components included. 2. License Grant: Specify the scope and limitations of the license granted to the licensee, including whether the license is exclusive, non-exclusive, or limited to a specific territory or duration. 3. Restrictions on Use: Enumerate any explicit restrictions on how the software can be used, such as prohibiting reverse engineering, modifying the code, or using the software for illegal purposes. 4. Ownership and Intellectual Property: Clearly state that the software and any related intellectual property rights belong to the licensor. Include provisions to safeguard against unauthorized use or distribution of the software. 5. Warranty: Detail any warranties provided by the licensor, such as guaranteeing that the software will function as intended or be free from defects. Specify any disclaimers of implied warranties or limitations of liability. 6. Maintenance and Support: Outline the level of maintenance and support services provided by the licensor, including any associated fees or conditions. 7. Upgrades and Updates: Specify whether upgrades or updates to the software will be provided, and if so, under what terms and conditions. 8. Termination: Describe the circumstances under which either party can terminate the agreement, including any notice periods or provisions for termination due to breach. 9. Confidentiality: Include provisions to maintain the confidentiality of any proprietary or sensitive information exchanged between the parties during the license agreement. 10. Indemnification: Specify the obligations of both parties to indemnify and hold each other harmless from any claims, damages, or liabilities arising from the use or misuse of the software. 11. Governing Law and Jurisdiction: Determine the governing law for the agreement, such as the laws of the State of Michigan, and specify the jurisdiction for resolving any disputes. Types of Oakland Michigan Checklist — Software License Agreement Provisions: 1. Basic Software License Agreement: This checklist focuses on essential provisions for a standard software license agreement, providing a foundation for protecting the interests of both the licensor and licensee. 2. Customized Software License Agreement: This checklist is tailored for agreements involving customized or bespoke software development, addressing additional provisions related to the customization process and IP rights. 3. Software-as-a-Service (SaaS) Agreement: This checklist focuses on provisions specific to SaaS agreements, including data privacy, service level agreements, and any usage limits. Please note that the specific content and provisions of the checklist may vary depending on the unique requirements of each software license agreement.

Oakland Michigan Checklist — Software License Agreement Provisions: 1. Definition: Provide a clear and comprehensive definition of the software covered under the agreement, including the specific version and any additional modules or components included. 2. License Grant: Specify the scope and limitations of the license granted to the licensee, including whether the license is exclusive, non-exclusive, or limited to a specific territory or duration. 3. Restrictions on Use: Enumerate any explicit restrictions on how the software can be used, such as prohibiting reverse engineering, modifying the code, or using the software for illegal purposes. 4. Ownership and Intellectual Property: Clearly state that the software and any related intellectual property rights belong to the licensor. Include provisions to safeguard against unauthorized use or distribution of the software. 5. Warranty: Detail any warranties provided by the licensor, such as guaranteeing that the software will function as intended or be free from defects. Specify any disclaimers of implied warranties or limitations of liability. 6. Maintenance and Support: Outline the level of maintenance and support services provided by the licensor, including any associated fees or conditions. 7. Upgrades and Updates: Specify whether upgrades or updates to the software will be provided, and if so, under what terms and conditions. 8. Termination: Describe the circumstances under which either party can terminate the agreement, including any notice periods or provisions for termination due to breach. 9. Confidentiality: Include provisions to maintain the confidentiality of any proprietary or sensitive information exchanged between the parties during the license agreement. 10. Indemnification: Specify the obligations of both parties to indemnify and hold each other harmless from any claims, damages, or liabilities arising from the use or misuse of the software. 11. Governing Law and Jurisdiction: Determine the governing law for the agreement, such as the laws of the State of Michigan, and specify the jurisdiction for resolving any disputes. Types of Oakland Michigan Checklist — Software License Agreement Provisions: 1. Basic Software License Agreement: This checklist focuses on essential provisions for a standard software license agreement, providing a foundation for protecting the interests of both the licensor and licensee. 2. Customized Software License Agreement: This checklist is tailored for agreements involving customized or bespoke software development, addressing additional provisions related to the customization process and IP rights. 3. Software-as-a-Service (SaaS) Agreement: This checklist focuses on provisions specific to SaaS agreements, including data privacy, service level agreements, and any usage limits. Please note that the specific content and provisions of the checklist may vary depending on the unique requirements of each software license agreement.