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End User License Agreement (EULA)

Software EULA – What Rights Are You Giving A User?

By Software Agreements, Software Lawyer

When you license software to a customer, what legal rights are you giving in the end user license agreement (EULA)?

Many EULAs contain the wrong licensing language. And that can lead to confusion and lawsuits.

Here’s what commonly happens…

The software licensor doesn’t understand what rights can be licensed. And decides to save money by “borrowing” a EULA from another software application and tweaking it.

Setting aside the copyright infringement liability exposure for brorowing (theft) of the license, the EULA itself isn’t designed to be repurposed for another application.

For example, a SaaS EULA is different than your typical mobile app end user license.

And if the developer used open source code or other third-party code, that needs to be addressed in the EULA too.

To prevent this type of mess, talk with an experienced software lawyer to figure out the scope of the license you need…both what to include and exclude from it.

Software Development And Liability For Glitches

By Software Agreements, Software Lawyer

software developerWhen you’re developing software for others, you want to make sure that your liability exposure is limited when there are glitches. After all, you don’t want to be legally responsible if an application you’ve developed isn’t running 24/7.

This is particularly true in Software-as-a-Service (SaaS) situations where a third-party cloud platform you’re using has downtime that prevents your software from running at times.

So, how do you handle the issue?

The easiest way is a professionally prepared software agreement that will reduce or even eliminate your liability for bugs and other glitches that prevent continuous use of your app.

Now, it’s not just a legal liability issue. It’s also setting user expectations up front about software performance.

An experienced software lawyer can address this and other important issues in the software development contract you’ll use with your customer who retained you to create the app. Or, if you’re developing the app for your own company to sell directly to users (e.g., your own SaaS), the software attorney can craft an end user license agreement (EULA) that meets your unique needs.

To get help from Software Lawyer Mike Young, your first step is to book a phone consultation with him.

Software Code: Who Owns It?

By Software Agreements, Software Lawyer

software code development and ownershipWhether you’re a developer or a business owner who pays for applications to be developed, it’s important to know who owns the software code.

Many software development agreements don’t properly address this issue. And often both developer and client each believes they own the code.

Sometimes it makes sense for the developer to retain copyright ownership while licensing the code to the client. This is particularly important where the developer plans to recycle the code on multiple projects for different customers.

On the other hand, a business owner may want proprietary rights to prevent development of competing applications. If this is the case, the owner may pay a premium to own the code. And perhaps license some rights to the developer for future non-competing use.

Of course, there’s also the issue of open source code (e.g. GitHub) and code that’s in the public domain (e.g. Unlicense). Because it’s common practice for software developers to “borrow” these to incorporate into a software application rather than reinvent the wheel.

If some of the code is open source, that needs to be disclosed so that the client knows the licensing limitations imposed on its use.

Similarly, if there’s public domain code in the new application, the client needs to know. For example, the application’s end-user license agreement (EULA) will need to address the use of open source and public domain code in addition to the proprietary code created.

Whether you pay for app development or are a developer, an experienced software lawyer can prepare the right legal documents that identify and protect your rights.

SaaS License Agreement Is Not The Same As A Downloadable App’s EULA

By Software Agreements, Software Lawyer

SaaS License Agreement Not Downloadable EULATim decided to convert his downloadable application into a cloud-based software-as-a-service (SaaS) app. But Tim didn’t use a SaaS license agreement. Instead, he gave the same end user license agreement (EULA) he’d used for the downloadable version.

Related Article: Software Development Legal Protection

Unfortunately, the EULA didn’t protect Tim’s intellectual property rights in the new SaaS. So Tim ended up in court suing customers to protect his application.

“If you’re selling a software-as-a-service on a cloud-based platform, you should be using a SaaS license agreement to protect your legal rights.” – Software Attorney Mike Young

Related Article: Software Licensing Agreement – Legal Issues Involving Dishonesty

Tim should have retained an experienced software attorney. And converted the EULA into the SaaS license he needed.

Related Article: Can Your Software Licensor Compete Against You?

Are you selling software-as-a-service applications? Do you know what type of license you’re granting to customers?

If you need help, it’s time to talk with Software Lawyer Mike Young about your options.

What Is A Software Agreement?

By Software Agreements, Software Lawyer

The term software agreement is a generic reference to many types of software contracts. The most common is an end user license agreement (EULA) between the licensor and the end user as the licensee.

However, there are other essential software contracts you will want to be familiar with if you own a software company, develop apps, use software as a customer, or are a software consultant.

Here are some of the popular types of app agreements you’ll encounter:

How do you know which type of app contracts you’ll need?

You can perform due diligence on your own by searching the Web (e.g. intellectual property forums) and hope you find the right answer. For example, it’s unlikely you’ll discover all of the legal differences involved with protecting a desktop application versus a mobile app or SaaS.

However, the easiest way is to speak with an experienced software lawyer who can quickly identify what you need and put together a plan for getting the right software licenses and other app agreements in place for your business.