Adress the critical business issues when negotiating software license agreements to secure the deal you want - whether you're the licensor or the licensee. We can help you set your business priorities first.
A software license agreement is a contract between the software developer and the person buying the software to use for its own purposes. Software licensing protects the rights of the developer and restricts the uses of the software. Software licensing is the traditional model when purchasing software for a business.
Software license agreements exist in a variety of forms and variations:
- Individual licenses can be offered as perpetual licenses (without limitation in time with limited technical support) and subscription licenses (usage during a specific time, including support, upgrades and patches).
- Special channel licenses exists adapted for use in different segments such as Original Equipment Manufacturer (OEM) licenses, Educational Software, Not for Resale and Concurrent Use licenses.
- Licenses can be offered for individuals, network (API license, server license, processor license) and multi-users (per seat).
- Licenses can be installed on-premise or standalone.
Business Issues to Consider when negotiating a software license agreement:
- Favourable payment terms - at the signing of the agreement or after acceptance of the software?
- Manage the risk of incidental violations - insist on a notice and cure period in case of an incidental breach of the software licensee agreement. It is not often in the licensee's best interest to revoke and terminate the license agreement.
- Secure continuous access to the software long-term - find an appropriate solution for source code escrow.
- Facilitate long-term use of the software - implement effective remedies of, e.g. faulty software code, lapsing third-party licenses etc. It is not often in the licensee's best interest to revoke and terminate the license agreement.
We offer our services based on our hourly rates and are open to offering volume-based pricing or retainer for longer assignments depending on your needs and preferences.
If you are interested in starting working with us on reviewing a single contract, we can often offer fixed price projects if we can foresee the complexity and scope of the work.
