Software EULA – What Rights Are You Giving A User?

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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

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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.

Does Your Software License Take Into Account Open Source Code?

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A common software license mistake is to claim that the licensor owns all of the rights to the code.

In fact, it’s often the case that a software application has both custom code and “borrowed” code that’s subject to open source licensing.

What this means is that an application may include code owned by two, three, or more parties…and each has separate licensing terms and conditions that apply.

If you’re a software developer, be sure that neither your dev contract nor the software license you give your client promises more than you have the legal right to give.

Similarly, if you’re a client who has paid for software to be developed, be sure to get the developer to identify which open source licenses apply to parts of the application. Understand your rights and responsibilities under the license issued by the developer for custom code and those granted per open source licensing.

An experienced software lawyer can craft language for your software development agreements and software licenses that are designed to protect you. Plus he can answer your questions about your legal rights under these documents.

How To License An App: 17 Software Application Licensing Resources

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how to license an app - software licensingDo you want to learn how to license an app? Did you know that there are different types of software licenses?

Because there isn’t a one-size-fits-all license for all software applications or intended uses for the apps.

For example, a software-as-a-service (SaaS) license will be different than a mobile app license. Similarly, a software beta testing license will contain different terms and conditions than an end user license agreement (EULA) for a released application.

17 Resources To Help You Learn How To License An App

  1. What Is A Software Agreement?
  2. Software Contract: How To Pick The Right One
  3. 4 Things You Should Know About SaaS Agreements
  4. Can Your Software Licensor Compete Against You?
  5. Do You Make This Software Beta Testing Mistake?
  6. EULA: 7 Key Parts Of A Software End User License Agreement
  7. How To Protect Yourself With A Mobile App License Agreement
  8. How To Use A Software Evaluation Agreement
  9. Is Your Software Evaluation License Giving Away The Farm?
  10. SaaS License Agreement Is Not The Same As A Downloadable App’s EULA
  11. SaaS License Agreement: Software As A Service FAQs
  12. Software Licensing Agreements
  13. Software Licensing Agreement Legal Issues Involving Dishonesty
  14. Software Resale License Agreement: What You Need To Know
  15. 10 Keys To A Successful International Software Distribution Agreement
  16. What to Include in a Software Beta Testing Agreement
  17. Licensing Your Software On Your Own Terms Through A Click-Wrap Software License Agreement

Do You Need Help With Software Licensing?

If you want an app license or other software agreements, set up a phone consultation with Software Lawyer Mike Young today. He’s the author of “Software Licensing Agreements – What You Need To Know About Software Licenses.”

Software Agreement: Can You Be Sued For Using An Old Software Version?

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software agreement licenseUsers of Adobe’s Creative Cloud were apparently told this spring that they couldn’t use older versions of the software. To do so, would violate the end user license agreements they agreed to when purchasing a license to use this software-as-a-service (SaaS).

If Adobe is correct, that leaves the users with two options:

(1) stop using the older version of Creative Cloud; or

(2) upgrading to a new SaaS version.

Of course, when one upgrades software to a newer version, there may be an upgrade fee for the new license.

When you sell or buy a software application license, it’s important to understand what’s being sold (and what’s excluded) from the transaction. Be sure to read the fine print of the application’s license agreement.

If it’s your app that’s being developed or sold, a good software attorney can prepare a software agreement that’s right for you. If you need help, schedule a phone consultation with Software Lawyer Mike Young.