13-09-2017, 10:13 AM
Software license agreement is the contract between the licensor and the buyer, establishing the right of the buyer to use the software. The license may define the ways in which the copy may be used, in addition to the buyer's automatic rights, including the first sales doctrine and 17 U.S.C. § 117 (freedom of use, filing, resale and backup).
Many form contracts are contained only in digital format and are only presented to a user as an access click where the user must "accept". Since the user can not see the agreement until after he or she has already purchased the software, these documents can be adhesion contracts. Software companies often make special agreements with large companies and government entities that include specially drafted support contracts and warranties.
Some end-user license agreements accompany shrunken software that is presented to a user sometimes on paper or more generally electronically during the installation procedure. The user has the option to accept or reject the agreement. The installation of the software is conditioned on the user clicking on a button called "accept". Look down.
Many EULAs establish extensive liability limitations. Most commonly, an EULA attempts to keep the software licensor intact in the event that the software causes damage to the user's computer or data, but some software also proposes limitations on whether the licensor can be held liable for damages arising improper use of software (for example, improperly using tax preparation software and incurring penalties as a result). One case that confirms such limitations in consequential damages is M.A. Mortenson Co. v. Timberline Software Corp., et al. Some EULAs also claim restrictions on place and applicable law in the event of a legal dispute.
Some copyright owners use EULAs in an effort to circumvent copyright limitations on their copyrights (such as the limitations of sections 107-122 of the United States Copyright Act) or to extend the scope of control over areas so that copyright protection is denied by law (eg attempting to collect, regulate or prevent private performances of a work beyond a certain number of actions or beyond a certain period of time). These EULAs are, in essence, efforts to gain contract control over matters over which copyright law prevents control. This type of EULAs matches in target with DRM and both can be used as alternative methods to extend control over the software.
Many form contracts are contained only in digital format and are only presented to a user as an access click where the user must "accept". Since the user can not see the agreement until after he or she has already purchased the software, these documents can be adhesion contracts. Software companies often make special agreements with large companies and government entities that include specially drafted support contracts and warranties.
Some end-user license agreements accompany shrunken software that is presented to a user sometimes on paper or more generally electronically during the installation procedure. The user has the option to accept or reject the agreement. The installation of the software is conditioned on the user clicking on a button called "accept". Look down.
Many EULAs establish extensive liability limitations. Most commonly, an EULA attempts to keep the software licensor intact in the event that the software causes damage to the user's computer or data, but some software also proposes limitations on whether the licensor can be held liable for damages arising improper use of software (for example, improperly using tax preparation software and incurring penalties as a result). One case that confirms such limitations in consequential damages is M.A. Mortenson Co. v. Timberline Software Corp., et al. Some EULAs also claim restrictions on place and applicable law in the event of a legal dispute.
Some copyright owners use EULAs in an effort to circumvent copyright limitations on their copyrights (such as the limitations of sections 107-122 of the United States Copyright Act) or to extend the scope of control over areas so that copyright protection is denied by law (eg attempting to collect, regulate or prevent private performances of a work beyond a certain number of actions or beyond a certain period of time). These EULAs are, in essence, efforts to gain contract control over matters over which copyright law prevents control. This type of EULAs matches in target with DRM and both can be used as alternative methods to extend control over the software.