License agreement for a computer program

Elena Mashina

Contents:

General characteristics of the license agreement for a computer program

A license agreement for a computer program is an agreement between the licensor and the licensee on the granting of rights to use the software. Often, a license agreement allows the licensee to use one or more copies of the program in his work. Accordingly, the lack of permission to use is a violation and civil liability is provided for.

Varieties of licensing agreements for a computer program

The software license can be of two types, depending on the scope of the rights granted:

Exceptional;
Non-exclusive.

Exclusive license

By concluding an exclusive license, the Licensor cannot grant a license to anyone other than the licensee with whom the exclusive license is concluded. In other words, the licensor loses the exclusive right to the software, and the licensee acquires and, therefore, can transfer it further under a sublicense agreement.

Non-exclusive license

This type of license permits the licensee to use the software, but unlike an exclusive license, the licensor retains the right to issue a license further to third parties.

Procedure and conditions for concluding an agreement

Like any other agreement, a license agreement must have a number of essential conditions for its recognition as concluded.

Among such conditions are:

Subject - provisions on the licensed object, that is, the software itself, key characteristics of the product, names, information about the ownership of the product;
Permitted ways to use the program - the agreement must contain the conditions and rights to use the software;
Terms of remuneration - amount and procedure for payment.

Also, the license agreement must be concluded in a simple written form. State registration and notarization are not required.

The license can be concluded in a simplified manner, that is, the terms of the contract can be presented in electronic format or on the product packaging, for example.

When concluding a license agreement, it is necessary to certify the transfer of software by concluding a bilateral act, invoices and other documents depending on the method of software distribution.

In addition, the contract should provide for the liability of the parties for non-performance of the contract and the term for the conclusion. From a legal point of view, the license expires at the same time as the software rights expire. But, unless otherwise provided by the agreement, the license is considered valid for five years.

Along with the basic requirements, the contract may contain other conditions and requirements that specify the interaction between the parties. For example, items on the implementation of services for installation, configuration and other maintenance of software. In the course of working with the licensed software, the user may find errors, malfunctions, failures and, in this regard, the need to indicate these points in the agreement is justified.

In addition to the conditional knowledge of the requirements of the law, you also need to know the specifics of judicial practice, have practical experience and, therefore, if you have any difficulties or have questions, you can contact the lawyers of A4 Law Firm for the professional preparation of a license agreement.