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Trademark Attorney

Software Licensing

Susan Larsen has a Masters in Technology and has taught Software Licensing for the Colorado Bar Association. Susan has many years of software licensing experience, including OEM, VAR, and others; by term, seat, or subscription; for a wide variety of sales channels.

software licensing agreements

Whether you are creating a software licensing agreement for the first time, or have a previous agreement that may need updating, a knowledgeable and experienced software lawyer can assist you with that process.  Susan Larsen has many years of software licensing experience and has taught Software Licensing for the Colorado Bar Association.

Software licenses may be a demo, an eval, ‘educational use only’, hand held, beta development, or a full product license, which could be a stand-alone agreement or it may be issued in conjunction with a services agreement, it may contain a hardware lease or purchase component, there may be a maintenance and support agreement component, or any one of a number of flow down, or up, additional provisions, terms, conditions, agreements, or restrictions that are all part of the license issued and must be complied with. Each of the individual components of any license has advantages and disadvantages to be negotiated around in a manner that each party’s needs are best met, if your goal is a good, mutually beneficial working relationship for years to come, a concept of critical importance in strategic source situations.

The software license could be issued by length of time, number of seats, floating users, or enterprise-wide.  Some licenses are still perpetual, and while subscription has grown exponentially, term licenses still seem to be favored by many.  

Many items need to be considered prior to issuing any software license.  Susan Larsen can assist you with establishing processes and procedures necessary to monitor your release, planning for future version releases and expansions, as well as provide for any future modules or market releases that may be developed.  Sales channels should be discussed and evaluated, from both a profitability and a control standpoint, before being utilized. For example, some companies benefit from establishing Value Added Reseller (VAR) arrangements, some do not. Some products lend themselves to click-wrap, but many do not.  Or, perhaps an Original Equipment Manufacturer (OEM) arrangement may be available for your product. In every instance, no matter which channels are chosen, product availability, error correction plans, and cash flow items must first be taken into consideration prior to release.

More information about End User agreements is provided here.