The most frequent and important clauses required by each CLU to induce users to accept such an AEA are licensing, limitation of use, related agreements, copyright/intellectual property violations, termination of licensing, exclusion of warranty and limitation of liability. However, for some transactions, acceptance tests may be appropriate, for example. B if significant adjustments are made (see below) to allow the licensee to use the software or integrate it into its entire IT environment. In the case of the use of acceptance tests, performance and compliance guarantees as well as support and maintenance costs are more likely to be used during acceptance than when executing the software license agreement. End-user licensing agreements are essential, especially if you have proprietary software that you need to protect and propose rules of use. As summarized above, an effective CLE has many advantages for a software provider, namely that it maintains control over enforcement and legal protection against lawsuits. In most cases, the licensee has the right to modify the program so that it is not offensive to replace it with a non-harming substitute (either of its own creation or of a third party – the cover product referred to above) or to recover materials and grant a refund. If such provisions are included, ensure that the modified or replaced software continues to meet the applicable specifications and that the refund is reasonable (for example. B, it should not be a simple refund of the amount paid for the application or the corresponding module if it is indeed an integrated system and if the removal of a single component could render the whole useless or less valuable to the licensee). Although with a less likely local license when the software is provided as a subscription service, the licensee often hosts or has access to personally identifiable information that is controlled by the customer. This may be information about staff or information about their customers.

Most U.S. states have laws that require secure processing of personal data, with California and Massachusetts leading the way. And if the personal data contains an identifiable european consideration, all parties must take into account and respect the RGPD. The licensee should at least declare that it is taking appropriate physical, technical and contractual measures to ensure safety. Make sure you get good legal assistance on these issues, as many (and many dollars) may be at stake! If the hardware is included in the agreement, make sure that the software and hardware guarantees are coordinated and integrated. If the material is dictated by the licensee but purchased directly by the equipment manufacturer, make sure that the licensee (at least secondary) is required to solve problems or (at a minimum) to ensure appropriate cooperation with the licensee at no cost, to ensure that the problems are resolved. (Note the finger problem and make sure that the licensee cannot be caught between a software licensee who claims it is a hardware issue and the hardware provider claiming it is a software problem). This element of the EBA also gives you the option to revoke the license granted if a user violates your terms. You can protect yourself and your business by entering the above clauses into a CLA and making sure your users appear before installing or downloading your desktop or mobile app. A software license agreement is a contract by which a copyright holder (conedant) concedes the use of one specific software to another (licensed).

It may be useful to think of a software license agreement in a range ranging from an end-user license agreement (EULA) to a software development contract. EULAs apply to current commercial software, z.B. an operating system for a P