While no checklist can be an exhaustive list of the problems that a software license agreement will address, it can serve as a starting point for the implementation of a software license agreement and a revision of the software contract in general or the preparation of a software license agreement. Between EULA and the Softwaredevelopment Agreement, there is the software license agreement, a software license more complicated than that available from a commercial distributor, but not a unique software specially designed for the licensee. For example, enterprise software, point-of-sale systems and internal human resources systems would generally be allowed under a software license agreement and not as part of a CLUE, as long as they were not clearly developed as part of a software development agreement. The differences between a CLA and a software license are subtle, but a software license generally has more robust maintenance and support rules, ensuring that the licensee trains licensee personnel to use the software and provides maintenance and other support throughout the life of the software. In addition to the granting of rights and restrictions on the use of copyrighted software, software licenses generally contain provisions that grant liability and liability between the parties entering into the licensing agreement. In commercial and commercial transactions, these conditions often include liability limitations, warranty and warranty exclusions, and compensation when the software violates someone`s intellectual property rights. In a recent article by Kevin Litman-Navarro for the New York Times, entitled We Read 150 Privacy Policies. They were an incomprehensible disaster the complexity of 150 terms of popular pages like Facebook, Airbnb, etc. were analyzed and understood.
For example, most licenses require university degrees or higher degrees: “To succeed at university, people must understand texts with a score of 1300. People in trades, such as doctors and lawyers, should be able to understand materials with grades of 1440, while 3rd graders should understand texts that score more than 1050 points to be on track for a university or career until graduation. Many privacy policies exceed these standards.  If one of the parties could develop a new intellectual property (for example. B adapted code, new code, etc.) By adapting, installing or using the software, ownership and rights should be carefully considered. Most software licensees insist on having modifications and add-ons to their software products, even if you pay for development and sometimes even when you are developing. At least seek the right to freely use what you pay and/or restrict the licensee`s right to use it for third parties, especially for competitors (you would hate to pay for the licensee to develop a tool that they can concede less to their competitors, especially if its use has a competitive advantage). If the licensee has a separate development/support system and/or a backup site, make sure that the appropriate installation, reproduction, use, testing and/or adaptation rights are included.