Under the Software License Agreement, the developer of a computer program (owner) authorizes another person (licensee) to use one or more copies for a limited or unlimited period of time in exchange for a consideration (or royalty).
Software is an intangible asset consisting of a set of codes and instructions (source code) and is covered by copyright law. It is in fact considered an intellectual work of a creative nature and for this reason, the author is entitled to the exclusive rights of economic exploitation and moral rights (articles 64bis, 64ter, 64quater and articles 20 and following of the Copyright Law). Without the consent of its owner, the software cannot, therefore, be executed, modified, copied or distributed to the public.
The software license is the agreement used by the owners of a program to grant the user only the right to exploit the copy of the software without acquiring ownership. The owner may also use the contract to impose various limitations on the use of the software and its exploitation by the licensee (eg territorial limits, duration, number of users, limits on resale, etc.). The license will be granted free of charge or fee in respect of a fixed or variable fee based on the number of copies sold as applicable.
When using the software license
The software license can cover both standardized programs distributed in multiple copies and software customized according to the specific needs of a client. By granting use of the software through a license, the creator of the program always remains the owner of the software. If, on the other hand, the client has asked for the creation of a customized software that he or she wants to become the owner of, it will not be a license but a software development contract.
The owner of the software can choose how much to limit the use of the licensed software. For example, you may prohibit any modification and correction of programming errors, or choose to limit the number of computers on which the software may be installed.
The possible situations, therefore, vary according to which rights will be granted by the owner to the licensor. Two typical examples are:
- granting only the right to use the software (installation, reproduction, and display on the computer). Example: software manufacturer who intends to allow his customers to use copies of the software he has created.
- authorization for large-scale distribution and the issuance of new licenses. Example: The software creator wishes to outsource the marketing of his work to a business partner who in turn will distribute sub-licenses to end-users.
What the software license agreement template contains
Our Software License meets all legal requirements. The main clauses included concerns:
- Object: description of the licensed software
- Restrictions on use: What the software license authorizes (e.g., installation and execution for 20 users, or marketing and distribution of the software).
- Exclusive: the choice of whether the software will be granted to one or more licensees.
- Duration: the license can be unlimited with the possibility of revocation, or limited to a specific period of time.
- Software protection: any guarantee that the software does not violate the rights of third parties and the behavior to be adopted in the event of violations (eg distribution of unauthorized copies).
- Fee: to be paid for the use of the software. You can choose between a fixed remuneration and / or a variable remuneration.
- Early termination of the License: the holder may terminate the License in the event of an event that does not allow the continuation of the relationship.
- Software modifications: Unless authorized, the licensee is expressly prohibited from modifying, adapting or transforming the software.
- Ownership of the software: source code, know-how, mode of operation and any changes remain the exclusive property of the software owner.
- Defects, damages and limitation of liability: the owner of the software is not obliged to intervene for any defects or failures, unless a specific maintenance contract is stipulated. In any case, it cannot be held responsible for disservices and / or damages caused by the use of the software by the licensee.
- Language: To license software overseas with an English contract for an international license
Furthermore, after the purchase, we will guide you step by step through all the subsequent obligations necessary for your License to be duly constituted.
Information you need
To complete the document, you need all the data of the parts and of the software you are licensing which must be identified precisely.
The document can be modified free of charge in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
Remember that our interview does not generate a simple facsimile of a software license agreement. Based on your answers, the system automatically draws up a customized contract model for your exact needs, guaranteeing its legal correctness.
- Computer Program License
- Software License
- End-User License Agreement (EULA)
- User License Agreement: to use any intellectual property right
- Trademark License Agreement
- Patent License Agreement
- Know-How License Agreement
Other useful templates and facsimiles
- Software Development Agreement: to regulate and protect the creation of websites, e-commerce, apps or other customized programs
- Software Support and Maintenance Agreement: to regulate the support relationships for the use of the software
- Trademark License Agreement: to use a trademark for a fee
- Intellectual Property Transfer Agreement: to definitively transfer all the rights of an intellectual property
- Joint Venture: to create a partnership aimed at a common project
- Trademark Registration: to register a national, European or international trademark