Description
Being the equivalent of a Software License Agreement or “SLA”, this Software License is designed as a set of terms and conditions for the purchase by another business of a standard software product (software program) over the internet. Intellectual property rights in the software product are reserved to their owner and the purchaser is granted a non-exclusive license for usage. The purchaser will agree to the license terms and conditions by clicking an acceptance button. This method of gaining agreement provides greater protection to the rights of the owner than the traditional “shrink-wrap” license used with shop-bought products.
Summary
Purchasers are licensed to load the software on to an agreed number of computers and keep a back-up copy. The contract does not allow for the provision of upgrades (any such requirement can be taken care of by amendment or separate agreement). Contractual protection exists against a full range of abuse to the extent this may be banned (decompilation, copying, renting, adaption, unlawful use in other countries for example) and the license may be revoked in the event of misuse.
Provision is made for electronic payment on the website.
The seller warrants that for 90 days the software will conform in functioning to the supplied electronic documentation. Refunds are only payable for delivery of the wrong product or non-conformity to documentation specification.
Extensive limitations of damages are provided for. Among other things, indirect and consequential losses are excluded as are many types of business losses (including data loss). There are other exclusions and ultimately a finite cap on payment of damages due to the sellers fault (subject to statutory restrictions). The software is not warranted virus, error or bug free and purchasers are responsible for ensuring the adequacy of their own system for use of the program.
Rights are reserved so that the seller can assign the license at any time (for example if the copyright in the product is sold on). Changes to website terms are permitted.
Short Description
This is a software license agreement where software is sold over the internet to another business.
If you wish to purchase the template, or discuss other needs in the fields of information technology and e-commerce law, please contact James May on 01273 236236 or email contracts@lawspeed.com. Lawspeed provides top level advice on all your contractual needs whether in technology or any other business sphere.
If tailoring or negotiation becomes necessary then this will incur further costs on an hourly basis.
If you are not able to present your own contractual agreement then we will be able to provide a 'Health Check' of the proposed terms and negotiate changes where appropriate in relation to commercial risk, liabilities, and intellectual property rights implications.
Contract templates and advice are provided on Lawspeed Limited’s terms and conditions. Acceptance of your request for templates and/or services shall be confirmed by our sending you the relevant template(s), or in the case of a request for advice, our written agreement to provide you with advice. Processing of any payment from you prior to such acceptance shall not be deemed to be acceptance giving rise to a contract.
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