The 7th circuit and the 8th circuit support the “licensed and unsold” argument, while most other circuits do not. In addition, the applicability of contracts depends on the state`s adoption of the laws of the Uniform Computer Information Transactions Act (UCITA) or the anti-UCITA (UCITA Bomb Shelter). In anti-UCITA countries, the Uniform Commercial Code (UCC) has been amended so that software is explicitly defined as good (which makes it the subject of the UZK), or to prohibit contracts that stipulate that the contractual terms are governed by the laws of a state that has passed the UCITA. MaRS has developed a model software license agreement to streamline the activities of investors, founders and their respective legal advisors. Next, it is pointed out that end users can only exploit the application for non-commercial and personal reasons: a software license agreement is a contract by which one copyright holder (licensor) authorizes the use of a given software to another (licensee). It may be useful to consider a software license agreement ranging from an End User License Agreement (EULA) to a software development agreement. SEAs apply to common commercial software, for example. B an operating system for a PC, video game or other PC application. At the other end of the spectrum is a software development contract in which a customer commissions a developer to develop unique software tailored to the customer`s business needs.

Posted in Uncategorized