Software Licensing
Drafting Software License Agreements that Protect Your Intellectual Property and Financial Interests
Once the software concept has been developed into a marketable product, the most important business decisions a developer will make are the terms and conditions under which the software will be licensed to the ultimate user.
New York City intellectual property attorney Alan E. Katz protects the interests of parties entering into software license agreements (also called EULAs, or end user license agreements), whether as licensor or licensee. He represents major software development companies in software licensing, consulting, implementation, hosting and maintenance agreements. He represents software developers in licensing transactions with a variety of business software licensees, including international banks, investment banking firms, pension funds, and state retirement systems. In addition, Mr. Katz represents software licensees, including insurance companies and not-for-profit organizations.
Contact the law firm of GREENFIELD STEIN & SENIOR, LLP, to learn more about how we can protect and grow your business.
Legal Aspects of Software Licensing
A software license agreement defines the bundle of rights being granted to the licensee, as well as the responsibilities of the licensor. A software license generally specifies:
- Scope of the rights being granted
- License, implementation and maintenance fees to be paid
- Time frame of use
- Confidentiality and protection of proprietary information and trade secrets
- Sublicensing rights
- Scope of warranties and indemnifications
- Limitations on liability
- Acceptance testing
- Source Code escrow agreements
- Dispute resolution mechanisms
Software Implementation Agreement
A software implementation agreement can either be a stand alone agreement or rolled into a software license agreement for the development of a customized software product. It will define the scope of the customization, how the specifications will be developed with the licensee and specify milestones for delivery and acceptance testing schedules and procedures.
Source Code Escrow Agreements
Another element found in many software license agreements is a provision that specifies that the developer will place the source code for a program in “escrow” with a third party. Should the developer fail to complete the customization or provide maintenance of the software or go out of business, then, among its other remedies, the licensee will be able to access the source code and retain another developer to complete the customization or provide the maintenance to protect its vital business software.
Art and Entertainment Law
Artists, Writers and Musicians - Legal Counseling and More
New York City intellectual property attorney Alan E. Katz represents artists, writers, musicians and gallery owners in a broad spectrum of legal matters. In addition to the firm providing traditional copyright and trademark counseling, Mr. Katz draws upon his broad background in both business and legal affairs to represent artists, writers and musicians in identifying the most appropriate legal entity under which they pursue their business endeavors, and in negotiating and drafting agency agreements, artistic services agreements, consignment agreements and licensing agreements with a unique understanding of the needs of his creative clients.
Contact our midtown Manhattan law office to speak with a New York City intellectual property attorney who understands your issues.
