The sample text presented reflects the typical clauses applicable to a
software source code licence agreement.
The sample text includes conditions relating to:
The
definition of source code, object code, derivative works and other topics
related to source code licensing,
The
granting of the "right to use" license and the associated
conditions including restrictions on the the sub-licensing and distribution
of the source code,
The
definition and use of confidential information,
Ownership
and title to of the software product and all associated intellectual
property,
License
termination procedures and obligations,
Limitation
of liability,
Warranty
limitations.
Sample text is also provided for “boiler plate” clauses
relating to:
Amendments
to the agreement,
Assignment
of the Agreement
Waiver
of rights under the agreement,
Entirety
of the agreement,
Serviceability
of the agreement, and
The
governing law under which the agreement is to be construed and governed.
IMPORTANTTHE SAMPLE TEXT PROVIDED REFLECTS THE TYPICAL CLAUSES APPLICABLE TO AN
END USER SOFTWARE LICENSE AGREEMENT AND DOES NOT PURPORT TO HAVE ANY LEGAL
STATUS. THE ENTIRE RISK OF THE USE OR RESULTS OF THE USE OF THE SAMPLE
TEXT IN FULL OR IN PART REMAINS WITH THE USER.
THE
SOFTWARE SUPPLIER SHOULD HAVE A COMPETENT LEGAL ADVISOR REVIEW THE FINAL DRAFT OF
ANY LICENSE AGREEMENT DEVELOPED USING THE SAMPLE TEXT.
IN
NO EVENT SHALL MARKETWARE LTD., BUSINESS-TOOLS-TEMPLATES.COM, ITS DEALERS OR AGENTS, BE LIABLE
FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF ANY OF THE SAMPLE TEXT IN
FULL OR IN PART.
The
download (a Ms-Word document) is available in two formats (a) A4 paper size and
(b) Letter paper size.