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Tech/Data Center Law

Software License Agreements

Helping Clients Establish an Effective and Competitive Pricing Environment for their Offering 

Software license agreements provide licensees with a non-exclusive, non-transferable right to use vendor software. They define how the software can be used and what happens in the event of breach.  The goal is to clarify the relationship between licensor and licensee, both from a legal and technical viewpoint, eliminating surprises or guesswork concerning responsibilities while the agreement is in effect.

​The conditions contained in the license agreement are designed to protect the developer’s intellectual property rights and to limit claims against them for potential damage resulting from use of their 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:

  • License scope (allowable install locations and number of instances)

  • How the software can be used

  • Allowance for copying, modification or redistribution

  • Copyrights that apply to the software

  • Software ownership

  • Duration of the terms of the agreement

  • What constitutes correct usage of the software

With five main software license categories, covering different kinds of software and business arrangements, they encompass a wide spectrum of licensing scenarios.  The options range from free software (public domain) to paid commercial software (proprietary).  And between these two extremes, lie the remaining three categories – GNU/LGPL, permissive and copyleft.   For mobile software, the license terms additionally state how much of the user’s sensitive personal data stored on the device an application vendor is permitted to access. These agreements are designed to protect personal information such as financial statements, location, or health data and prevent its misuse.

BLS’s legal team understands the important terms that must be included in each software license agreement and how these terms work together in the document. Our team will take the time to consult with you regarding your business goals and priorities, identifying and addressing the terms that will be vital to your licensing situation.