Chapter 2

Software License Agreements

CHECKLIST

Ask Yourself:

  • □ Business purpose and goals

  • □ Criticality

  • □ Fees and costs

  • □ Implementation time

Terms to Include

  • □ License and restrictions

  • □ Acceptance testing

  • □ Third-party software

  • □ Fees

  • □ Warranties

  • □ Indemnification

  • □ Limitation of liability

  • □ Specifications

  • □ Confidentiality and security

  • □ Maintenance and support

  • □ Announcements and publicity

  • □ Term and termination

  • □ Additional terms:

    • – Force majeure

    • – Prohibition on right to assign

Introduction

While every software license agreement does not warrant a customized approach, it is important that software license agreements contain the essential terms that address relevant business issues. It is often the case that software licensing ...

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