If you primarily provide software via a browser, but you`re downloaded, you`ll probably need a subscription service contract, because you`re really into the SAAS business. However, if you primarily provide software that is downloaded, but some services are provided (perhaps support, maintenance, training or web services), you will probably need a CLA because you are active with the license of your software. In addition, some models may be more likely to be a true hybrid, with an SAAS agreement for your online subscription service, then an EULA for the software downloaded and used with the subscription service. A software license agreement gives the licensee a non-exclusive and non-transferable right to use software. A software license agreement defines how this software can be used and what happens in the event of a breach. Priori`s standard software license agreement can help you understand the important terms to include in your software license agreement and the collaboration of those terms in the document. While this software licensing model is a good representation of a standard software license agreement, you should want a priority lawyer to tailor the document to your unique situation. In addition to the definition of applicable law, your licensing agreement may contain dispute resolution provisions that extend to mandatory arbitration, voluntary mediation, escalating executive issues within the parties` organizations, or waiving a jury when issues are dealt with through the courts. MaRS has created a software licensing model to optimize activity for investors, founders and their respective legal advisors. While MaRS makes this document available for educational purposes and facilitates the negotiation of terms between investors and startups, the model you can use at your own risk is yours. Please note the non-responsibility below. A well-written licensing agreement indicates whether the license is permanent, inescapable, exclusive, global or from a company, and whether it contains the source code of the software.
The licensee should not benefit from all the guarantees, with the exception of those expressly mentioned in the license agreement. If the donor does not refuse all other guarantees, the licensee is potentially liable for the fact that the omission of the software granted is hopeless or appropriate for the purposes intended by the taker.