Having been trained in the law, we all know better than to just click «I agree» to the next
software licence agreement that pops up when you try to install that new widget on your computer.
Using this site, Don wrote an end - user
software licence agreement — normally, one of the most opaque and mystifying legal documents the world has ever seen.
A clickwrap
software licence agreement is also known as a clickthrough agreement.
Use this sample template as a starting point to build
a software licence agreement for software products.
MaRS has created a sample template of a clickwrap
software licence agreement to help streamline business for investors, founders and their respective legal advisors.
I have great deal of experience in drafting and advising of all types of commercial trading agreements, including but not limited to, terms and conditions,
software licence agreements, agency agreements, distribution and franchise agreements, and advising on data protection.
Assisted Mars on software licensing, provision of technical services and intra-group IT charges, drafted services and
software licence agreements.
Not exact matches
She will also advise on other tech - related
agreements such as hosting, design and build and support and maintenance contracts, IaaS and SaaS contracts and
software licences.
The Law Commissions of Scotland, England and Wales have proposed a clarification of British law about unfair terms in consumer contracts, to ensure that that law applies to end - user
licence agreements for
software and online services (EULAs).
Or perhaps they clicked through a
licence agreement when they downloaded or installed the
software and forgot about it.
Unfortunately, many older standard
licence agreements contain very narrow and rigid terms that do not allow third parties to access APIs or otherwise touch the vendors»
software.
In such instances, the vendor may demand the licensee upgrade to the newer version of
software and
licence agreement or face penalties for their non-compliance on a compulsory basis, often at a significant price increases with almost no time or room for negotiation.
And surprisingly, some vendors do not understand certain basic aspects of their legal
agreements — for example, whether a «perpetual»
licence means they can then terminate the
agreement and claw back the
software from the customer or whether that use is truly irrevocable.
There are legal penalties for copyright infringement, but for a failure to observe the terms of a
licence agreement, you are only liable for losses endured by the
software owner - so if you found yourself in court, I suspect your lawyer would advise you that you did accept the
agreement.
Legal protections preventing the inclusion of unfair contract terms in consumer contracts should be extended to apply to less formal notices, such as those included as part of
software end user
licence agreements (EULA), law reform bodies have said.25 Mar 2013
In the US, if your computer malfunctions after a defective installation of some
software, you may well be bound to take any resulting dispute to an arbitrator because you clicked «accept» on a
licence agreement that appeared on your screen.
Lawyers practising in this area negotiate, prepare and review a wide range of technology - related
agreements and policies ranging from
software licences, development
agreements, escrow
agreements, distribution
agreements, equipment leases and corporate policies relating to e-mail and Internet access by employees.