These software licenses do not authorize the software to copy, modify, or distribute. This is the most restrictive type of software license that protects the developer or owner from unauthorized use of the software. Every company uses software to manage business processes, communicate with employees, customers and suppliers, and for countless other purposes. In most cases, software products must activate licenses or accept the “Terms and Conditions” before programs can be downloaded, installed, or accessed. If it is Software as a Service (“SaaS”) or another Internet access license, the license or subscription agreement must allow the correct level of use and access (whether defined by users, workstations, fields, etc.) and possibly the right to download and copy the documentation you need. Since the original software included in the new project allowed for modifications and distributions, this may not be the best license for software developers, as the resulting code must also carry the copyleft license type – including the availability of source code. In addition to granting rights and restrictions on the use of copyrighted software, software licenses typically contain provisions that allocate responsibility among the parties entering into the license agreement. For transactions with companies and commercial software, these terms often include limitations of liability, warranties and disclaimers of warranties, as well as compensation if the software infringes the intellectual property rights of individuals. In any license agreement, it is also important to include a provision that grants the licensee financial reimbursement if a “repair or replacement” remedy fails its essential purpose.
If a court finds that Licensor`s warranty has “failed in its essential purpose,” i.e., Licensor has not provided Licensee with a viable remedy, some courts will remove Licensee`s contractually agreed exclusion of Consequential Damages, which may give rise to unlimited liability on Behalf of Licensor. If training is required, licensor`s obligation to provide (when and where) must be indicated. Maintenance and support (patches, patched versions, new upgrades/releases, phone advice, online support and/or programming services) are almost always required. Thus, either the agreement should specify the licensee`s right to assistance, or at the same time a separate maintenance contract should be signed, or the agreement should give the licensee the right to enter into a maintenance contract. See “Remedies” below. The availability of maintenance must be guaranteed for a certain minimum period, para. B example 3 or 5 years, with a fixed price, if possible – for example: The respective prices have not increased more than the CPI or a fixed percentage (e.B. 3/5/7% per year). In general, the licensor should be required to remedy problems promptly; However, it is reasonable that the response times are appropriate to the severity of the problem. Therefore, the licensor would ideally propose a “service level agreement” that requires the licensor to operate within a very short period of time (e.B.
1-2 hours) to respond to a failed/weakened system problem and make efforts to resolve it. to quickly resolve a serious obstacle (e.B 4 hours); and other material errors and defects reasonably and promptly (p.B 8-hour response and 24-48 hour correction). If the correction cannot be made within these periods, Licensor must provide a “problem reversal”, i.e. a temporary correction that allows Licensee to continue to use the Software substantially as originally intended. Licensor must also be required to continue to do its best to completely resolve the issue thereafter (although it is fair for Licensor to resolve really minor issues with its next version of the software or software cycle). Disputes over software licenses are common. With a well-drafted license agreement, you can both protect the intellectual property of the software and avoid costly litigation where the terms of the agreement are uncertain or have been violated. .