آخر تحديث - 12 أبريل 2021
Unless expressly provided, the purchaser may not make the software or documentation available or distribute to third parties by transfer, sublicensing or any other means; (2) copy, adapt, recompil, decompil, decompil or modify all or part of the software or documentation; or (3) to use the software to work in or as a time-sharing, outsourcing or service environment or to allow third parties to access the software. Reverse software engineering – what are the legal limits? Legal disputes over software licenses are common. With a well-developed licensing agreement, you can both protect intellectual property in the software and avoid costly litigation if contractual terms are uncertain or have been breached. Licensees should be careful to limit the duration of the warranty. Many licensees require a one-year guarantee. This is a hidden risk to the licensee, as the licensee can terminate the licence agreement during the warranty period and request a refund if the donor has a substantial infringement. A shorter warranty for a maintenance period, provided as part of a properly drafted and separate maintenance contract, can solve this problem. Structural decisions on how such agreements are developed do not stop at user fees. For example, there are decisions that the author must make based on the type of data collected by the product, where the data is stored, the risk to the company if a third party accesses the data and what should happen to the data at the end of the relationship. In addition, there are decisions that need to be made based on whether the use of the product depends on the importation of existing data into the software and the efficient reading of that data.
Let`s make these decisions right for you! In each licensing agreement, it is also important to include a provision granting a monetary policy refund to the taker if a “repair or replacement” does not meet its essential objective. If a court finds that the licensee`s guarantee “does not meet its essential objective”, i.e. the licensee has not granted a viable remedy to the taker, some courts will overturn the contractual exclusion of the consequential damages awarded by the licensee, which could give rise to unlimited liability on behalf of the licensee.