Like other legal provisions, their ECJ is only valid if it has been effectively agreed. If your users can claim they never agreed, you`ll probably have a harder time to force your clauses against them, if you ever need them. If you buy a physical copy of the software (for example. B on a CD) in an electronics store, the CLA can be displayed as a paper document or manual in the field. Licensees should be careful to limit the duration of the warranty. Many licensees require a one-year guarantee. This is a hidden risk to the licensee, as the licensee can terminate the licence agreement during the warranty period and request a refund if the donor has a substantial infringement. A shorter warranty for a maintenance period, provided as part of a properly drafted and separate maintenance contract, can solve this problem. When you create software for customers, you should consider creating a software license agreement to protect yourself and your business. There are many reasons to have one, so if you don`t have one yet, it`s time to understand their ins and outs.
In addition to restrictions on the use of the software, the creation of software licensing agreements should also take into account geographic restrictions regarding the use of the software. Most licensees limit the use of software to a particular country or website. If the use of the software is not limited to a given country or geographic location, this can also lead to a number of export problems. In addition, the limitation of geographical scope is closely linked to the redress of intellectual property rights. In the absence of a geographical restriction for the use of the licensed software, the scope of the compensation granted by the licensee may be extended. “Non-exclusive” means that you can license the software to someone other than that client. Non-exclusive licenses are less valuable than exclusive licenses. “Non-inserable” means that the customer cannot “sell” the rights he obtains in this contract. This restriction makes this license less valuable to the customer.
These two concepts have many implications that go beyond the scope of this remark. The right to “use” is a little too vague. Define more precisely: can the customer make copies or distribute the software? A software license agreement gives the licensee a non-exclusive and non-transferable right to use software. A software license agreement defines how this software can be used and what happens in the event of a breach. Priori`s standard software license agreement can help you understand the important terms to include in your software license agreement and the collaboration of those terms in the document. While this software licensing model is a good representation of a standard software license agreement, you should want a priority lawyer to tailor the document to your unique situation. 10. INDEMNITY This section goes hand in hand with the WARRANTIES section. Basically, you say to the customer (licensed): “If you are being sued for guarantees I made about the software, I will do it.” Make sure you only do the guarantees you can provide.
Here too, guarantees are extremely important and can be fertile ground for litigation. Also add a link to the installation or download screen to allow users to access the EULA before they actually access your software/application.