An End-User License Agreement or EULA is the agreement or contract between the business or person who purchases, installs, or downloads the software, and the licensor or provider of the software. End User Licensing Agreement Lawyer Andrew S. Bosin provides legal advice on End User Software Licensing Agreements. Software Licensing Agreements. As a lawyer in New Jersey with a nationwide law licensing practice that specializes in negotiating and drafting technology and software and SaaS licensing agreements, here are some key legal issues to examine more closely if you are contemplating signing a softwarend user license and/or licensing agreement.
Is the definition of the license accurate? Can a layperson understand the license and what its intended purpose is for? Does the license grant you a right to use the software the way that you want to use it?
You should also take a close look at the scope of use for the product. You have a limited right to use the product. Does the license agreement state what you can use the software for? If you want to use the software for a specific purpose you better make sure the scope of use allows for such purposes.
How many “users” can gain access to the services at one time. Meaning, are you getting a license for 20 specific, designated employees/users or can 20 random people use the software at any time.
What is the scope of the Service Obligations in the Agreement? Who is going to implement and maintain the service? Does the agreement set forth that you or the vendor will be maintaining the software? Does the agreement give you the right to hire a third party vendor to maintain the software?
It is not usual for software to have bugs which need fixing. Software also needs periodic updating. Make sure the agreement sets forth that the vendor will be taking care of fixing errors or bugs on a routine basis.
Are you a European SaaS and/or Software Services provider and contemplating selling your services in the US? Just be aware that in certain states you can limit your expose or amount in damages sought by a customer. On the flip side, some states do not allow limitations on damages.
Are you a US Software Services provider and contemplating selling your services in the Europe? Just be aware that the issue of privacy and maintaining personally identifiable information about users is taken very seriously in the EU and certain countries along with the EU have very strict laws about dealing with user information. Also, you need to be aware whether or not you can limit liability or damages.
These are just a few of the key legal issues that need to be examined more closely with end user software license agreements. You should consult an attorney before signing any such licensing agreement.
Andrew S. Bosin, Esq. LLC | Technology & Software Licensing Lawyer | 201-446-9643 | www.njbusiness-attorney.com
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