A software license agreement gives a licensee a non-exclusive, non-transferable right to use the software. A software license agreement defines how that software can be used and what happens in the event of a violation. The sample Priori Software License Agreement can help you understand the important terms that should be included in your software license agreement and how those terms work together in the document. While this software license agreement template is a good representation of a standard software license agreement, you should have a priority attorney who needs to tailor the document to your individual situation. In each licence agreement, it is also important to include a provision which grants the licensee a financial reimbursement in the event of non-repair or replacement of his main purpose. If a court finds that the licensor`s guarantee „has not achieved its essential purpose“, i.e. the licensor has not provided a viable remedy to the licensee, some courts will lift the contractual exclusion of consequential damages suffered by the licensee, which could constitute unlimited liability on behalf of the licensor. This Agreement and its drivers and the schedules cover the entire agreement between the parties with respect to the subject matter of the contract and supersede and consolidate all proposals, prior agreements and any other oral and written agreements between the parties with respect to the agreement. In addition to restrictions on the use of the software, the design of software license agreements should also take into account the geographical restrictions in which the software may be used.
Most licensors limit the use of software to a particular country or location. If the use of the software is not limited to a particular country or geographical location, this can also lead to a number of export issues. In addition, the limitation of geographical scope is closely linked to the compensation of intellectual property rights. Failure to include a geographical restriction for the use of the Licensed Software may extend the amount of compensation granted by licensor. Licensors must take care to limit the duration of the guarantee they grant. Many licensees ask for a one-year warranty. This is a hidden risk for the licensor, as during the guarantee period the licensee may terminate the licence agreement and request a refund in the event of a material breach by the licensor. A shorter warranty, accompanied by a service time provided as part of a duly drafted and separate maintenance contract, can solve this problem. . . .