Generally speaking, an agreement with the general terms and conditions covers more topics and is much broader than an ITA. An end user license agreement gives users the right to use the software and only covers issues related to the software license. Software Delivery – How does the licensor deliver the software to the licensee? An EUA is narrower and deals only with the conditions for granting a licence. All clauses of the EULA relate to the licence itself in relation to other aspects of the customer-business relationship found in an agreement with the general terms and conditions of sale. They will usually find only one ETA from companies that deal with software, saaS or mobile applications. As already said, the main objective of the EULA is to grant a license to use an application to an end user. To that end, all end-user licensing agreements should include a section explicitly indicating that a licence is granted. A well-developed license agreement indicates whether the license is permanent, non-refundable, exclusive, worldwide, or enterprise-wide and whether it contains the source code of the software. Ttiming can be decisive. You want a shorter duration if you expect your software to become more valuable – you want to be able to renegotiate earlier for better terms. And who can resign? (this goes hand in hand with the TERMINATION section) ITAs are often not considered enforceable. However, to increase the likelihood that your /app software is applicable, let users click on an unchecked box next to an instruction that clearly states that by enabling the control box and continuing to install your software/app, you agree to be bound by the terms of your EULA. You want to ensure that your inventions and/or valuable intellectual property are properly protected against infringement or abuse.
Creating a software license agreement is such protection. Contact a local contract attorney to verify your software license agreement and discuss how he or she can help protect your rights. In the Enterprise licensing model, an enterprise can acquire a license that allows a number of user rights. In such a model, a well-crafted license would explain at least what constitutes a user, how users can be added and removed, what rights users have over the different licenses, the costs of purchasing new users, and the costs of purchasing the original group of users. . . .