The four sections described above give only a brief overview of what you can expect from a standard software license agreement. There are a few important clauses that you should insert to make sure you are well protected, no matter what happens in the future. While it`s hard to predict everything that may happen, you can take the time to make sure you`re protecting yourself as best as possible by including these essential clauses. Many authors of software license agreements confuse indemnification rules with risk allocation rules. Exemption clauses deal with a right or action of third parties against one of the parties. The risk sharing section deals with liability between the parties (unlike third-party actions covered by the indemnification provisions). As third-party claims are not subject to direct control by the contracting parties, damage resulting from such claims should be treated separately and not according to the rules on risk allocation. “Scope of Use” means the authorized use of the Software as ordered, which may include: (a) number and type of authorized users, (b) number of licenses, copies or instances, or (c) entity, department, business unit, website, use or other restriction or insolvent unit. Disputes over software licenses are common. With a well-crafted license agreement, you can both protect the intellectual property of the software and avoid costly litigation in which the contractual terms are uncertain or have been violated. Duration of the agreement – When will the agreement enter into force and when will it expire? Have your privacy provision written well! The confidentiality clause should apply to both parties and address a party`s right to keep sensitive trade or trade secrets disclosed to it confidential. On the other hand, the confidentiality of the software and documentation is better taken into account in the provisions relating to restrictions on use.
The interview sometimes includes technical support. If this is the case, the level of technical support, commonly referred to as gold, silver and bronze, may vary depending on the method of communication (e..B g. e-mail versus telephone support), availability (e.g. B 5×8, 5 days a week, 8 hours a day) and response time (z.B three hours). Support is also allowed per incident as an incident pack (for example.B. five support incidents per year).