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Software License Agreements

In the closed source software branch of business, a software license agreement, also referred to as an end-user license agreement (EULA) is a contract between the company that manufactures and or distributes the software and the buyer of the software, therefore setting up the buyer's right to use the software. This type of license may specify ways which the buyer's copy can be used and that is in addition to the rights the buyer automatically receives including the first sale doctrine and the freedom to use, archive, re-sell, and backup terms listed in certain codes.

A lot of contracts are only given to buyer's in a digital format, and is usually presented in a click through method where the buyer simply must click the accept option. Since the user may not see the agreement until after they have bought the software, then these types of contracts may be considered standard form contracts in which only the manufacturing company sets the terms and condition and the buyer has little or no ability to change those terms, leaving them with an option to take it or leave it.

Some software license agreements in Walnut Creek come with shrink wrapped software that is given to the buyer on paper or most commonly electronically when you are installing the software. The user of the software then has the option before him to accept or deny the terms and conditions of the software agreement, the installation of the software only happens and completes if the user clicks the accept button. A licensing attorney can assist you with software license agreements in Walnut Creek and the rest of the East Bay area.

Software Licensing in East Bay

Most software license agreements state forcefully the large amount of restrictions for the person responsible for the software. Usually this agreement will try to keep the manufacturer or distributor of the software as a harmless bystander if their software causes the buyer damage to their computer or data, some software also places restrictions on if the licensor can even be held responsible for any damage that happens because of incorrect usage of the software. Some EULAs even have restrictions on the type of venue and any applicable law just in case a legal issue comes up.

Those who own copyrights even use EULAs in an effort to find a way around the restrictions that copyright laws place on their copyrights. These types of EULAs in the East Bay are therefore essentially used to try to gain contractual control over things that copyright law prevents from happening. This kind of contract coincides with DRM and both can be used as alternative methods of gaining control over software.

A free license for software, also known as open source, gives the user of the software the right to use the software for any reason, to make modifications to it, and even resell the creative works and the software, all of these which are normally forbidden by copyright laws.

If this sounds like the type of software license agreement in the East Bay that you need help drawing up or understanding then do not hesitate to call licensing lawyer, Armand Estrada to set up a face to face appointment today!

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