Chapter 12. Commercial End-User Agreements


The process of negotiating a contract can help the parties get to know each other better, clarify their objectives and expectations, and thereby strengthen their relationship.

 --Constance Bagley, Harvard Business School Professor

At our law firm, we have helped vendors license an endless variety of applications to end users: stock portfolio management systems, “add-in” programs for Web servers, retail cash register systems, database management systems, stock trading systems, programs for managing machine shops, payroll management systems—even computer software for managing pizza parlors.

If licensing commercial software is your business, you regularly use form agreements as the basis (or at least the ...

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