Some terms may be modified to address unique aspects of each situation. Financial terms, in particular, will be determined based on the technology being licensed, the business model of the licensee, and market standards in the industry in which the licensee is operating. A note on global access —Development of technologies borne from Harvard patent rights may lead to licensed products that could result in significant public health benefits in developing countries.
Harvard has made a commitment, through its participation in the organization Universities Allied for Essential Medicines, to promote affordable access to such products in developing countries. To meet that commitment, we may require provisions similar to those given in the link below in exclusive licenses of such potentially impactful technology.
Global Access Language. A note on third-party proposed products —In the case of an exclusive license granted in all or many fields, the licensee may initially be focused on a limited number of products or uses for the licensed technology. Third-party Proposed Products Language. This puts the risk back into their hands. This disclaimer can come in handy if the software servers go down and your users cannot use it for some time as it will prevent them from trying to blame you for their lost data.
It can limit your liability — This is a very important component because if you do not limit your liability as a software developer, then you could potentially be exposing yourself to lawsuits.
These lawsuits not only take up your valuable time, but they also can create some financial issues for you. The last thing you want is for one of your customers to attempt to sue you because the device they tried to install it on crashed after installation.
By limiting your liability, you are essentially preventing them from suing you because they agreed to your terms before they gained access to even download it. However, make sure the liability clause is fair to both parties. It can allow you to terminate use at any time with no problems — There should be a portion of the agreement that states that you can revoke licenses at any time. This also gives you the freedom to do so for any reason. Not only can you terminate them, but you can also suspend them if you need to.
This is part of being able to maintain complete control over the software at all times. If you do have to revoke a license and your customers try to start a dispute , all you will need to do is refer them to this clause. What Software License Agreements Cover. There are four main sections of software license agreements and each one covers different information that is key to the execution of the agreement, as follows: General information — In this section, you will find information about when the agreement will go into effect, how long the terms of the agreement will be active for, and the type of agreement.
While this is very general information, it is important because it sets the tone for the entire agreement. Parties involved — This section is important because it defines who the parties are that are entering into the agreement. It will not only detail your company as the one offering the license, but will also include the details of the person or company that is purchasing the license.
You will need to enter in their full name as well as their address and other contact information. You will also need to define whether it is an individual or a company. This information will need to be provided for both parties. Terms of the agreement — In this section, you will find all of the terms of the agreement. This includes the price to be paid for the license, which you can define as a flat fee or a flat fee with yearly maintenance fees.
You will also include information about whether you will be including the code along with the license and if it is a site license. Like the initial installation, the agreement should specify which, if any, trainings are included in the license fee. It is not unusual for the parties to agree upon initial trainings , for the licensee and current employees, that are covered by the license fee, and agree on a price and method for arranging future trainings.
Bug Fixes. Handling bug fixes is very important to the licensee, but also an area which could see substantial push from the licensor. Of course the licensee wants provisions that bugs will be fixed at no charge. However, no software is ever bug-free and the licensor will not want to limit its obligation to fix bugs to those that have a significant effect on using the software.
Defining this can be tricky. Limitations on Bug Fixes. Often the licensor will want to restrict fixes to bugs that prevent the software from materially accomplishing the tasks it is supposed to often as set out in the brochures , with the licensor having the right to make determine this in its sole discretion. Categorization of Bugs. Sometimes bugs are divided into categories based on how important they are, with the licensor required to fix a given bug within a specified period of time depending on the criticality of the bug.
The warranties under a software license agreement may range from none or "as-is" in the case of a free or low-cost EULA to comprehensive guarantees. This type of license is one of the most common and popular among open-source software licenses. Variants in permissive licenses include differences in requirements for preserving license notices and copyrights for the software, as well as how the software may be used commercial or private , trademark requirements, and other stipulations.
Under the terms of a copyleft license, the licensed code may be modified or distributed as part of a software project if the new code is distributed under the same software license. Since the original software included with the new project allowed modifications and distribution, this may not be the best license for software developers because the resulting code must also carry the copyleft license type — including the availability of the source code.
These software licenses make the software ineligible for copying, modifying, or distribution. This is the most restrictive type of software license, protecting the developer or owner from unauthorized use of the software.
A software license agreement is a legal document that stipulates several key conditions between a software company or developer and a user to allow use of the software. In some cases, pricing and terms of payment may also be included, though this is often covered in a separate document. The primary purpose of the agreement, however, is to provide detailed ground rules for use of the software:. Developers release software for a number of reasons, whether it be to demonstrate a new idea, provide benefit to as many people as possible, or for financial and economic gain.
In order to ensure that all parties involved in the process are able to benefit from the software, the terms and conditions for its use must be clearly defined.
These terms and conditions are expressed as a licensing agreement. Software licenses are critical for software providers and users alike for many reasons:. Software licenses define the complete agreement between the licensor and licensee. The goal is to clarify the relationship from both a legal and technical viewpoint, so there are no surprises or guesswork regarding responsibilities while the agreement is in effect. These agreements are designed to protect personal information such as financial statements, location, or health data and prevent its misuse.
SaaS providers typically provide a subscription model where the charge is based on the number of users.
0コメント