As part of our Software & Copyrights practice, we provide software licensing services.
Many companies manage the commercialization of their software through software licensing agreements, also known as end-user license agreements. Through these agreements, users can establish their right to use software. Additionally, the businesses that produce software can control how the buyer uses it.
Our IP attorneys review, negotiate, and draft software licensing agreements to assist software developers protect their valuable intellectual property rights.
How Software License Agreements Work
License agreements are contracts that provide the terms upon which a software owner allows another to use or sell the software. The type of basic terms incorporated in software license agreements, include for example:
Rights associated with resale, distribution, and region
Requirements on quality and trademark use
Contract time line, renewal, and termination
The right to perform certain actions (manufacturing, copying)
Prohibitions on use or transfer (reverse engineering or sharing with third parties)
IP indemnification clauses
Disclaimer of warranty of performance
Limitations on liability from use
The terms included in software licensing agreements should be determined based on the specific relationship being created by the license. All agreements have some unique provisions, so form or template agreements should be avoided.
Our attorneys assist software developers to protect their software rights through well-drafted custom agreements in line with their business goals.
Shrink-Wrap Software Licensing
A shrink-wrap software license agreement is sealed within a physical package of software inaccessible to the buyer until after purchase. With Internet purchases, there are click-wrap software licensing agreements that pop up as the user tries to download or install the software. These agreements are End User License Agreements (EULA) that often do not become effective until the purchaser opens or downloads the software.
Our IP attorneys handle drafting licensing agreements for protection of software intellectual property rights.
Software Licensing Enforcement
Software licensing management and enforcement is important. However, some licensing agreements are difficult to enforce in certain jurisdictions. Our attorneys draft licenses that provide the software protection for safeguarding software IP rights. We take care to draft agreements with enforceability in mind. However, we also represent software licensors in software license disputes and litigation to enforce their IP rights in software.
Additional Insights Regarding Software Licensing
For more information on software licensing legal issues, see our Legal Insights and Industry Solutions pages.
