Bytes and Rights: Drafting and Negotiating Software License Agreements

Review the key issues to consider when negotiating and drafting a software license agreement. This practice note covers, among other things, the scope of the software license, delivery and installation, acceptance testing, fee metrics, termination, limitation of liability, indemnification, remedies for infringement, warranties, source code escrow, bankruptcy issues, and maintenance and support.

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Related Content

• Software License Agreement (Licensor)
  Utilize this Software License Agreement template for the dissemination of software and related documentation from licensor to licensee with terms favorable to a licensor.

• Software License Agreement (Licensee)
  Utilize this Software License Agreement template for the dissemination of software and related documentation from licensor to licensee with terms favorable to a licensee.

• Software License Agreement (End User)
  See this template End User License Agreement, which represents what is typically placed inside the packaging for “off-the-shelf” software or displayed digitally prior to installation of the software by the licensee/customer.

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