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Software License Agreement Pitfalls

If the licensee has used software without an appropriate license, the licensee may seek damages. The enforcement directive (2004/48/EC) stipulates that the damage must be proportionate to the actual harm caused by the offence. In principle, this excludes punitive damages, a concept established in common law countries. This should be taken into account, in particular, by common law software providers. · Right to final examination: unlike the right to education, the right to review is not a constitutional right. The majority of software contracts involve a right of review for no reason. The seller is not obliged to provide further legal information by letter of review and a reasonable period of time for the preparation of the licensee. Consider an additional provision for the cause In general, the licensee should be asked to resolve the issues immediately; but it is reasonable for reaction times to be adapted to the seriousness of the problem. Ideally, the licensee would therefore offer a “Service Level Agreement” that would require the licensee to respond to a downdraft/debility system problem as soon as possible (. B for example 1-2 hours) and it is beginning to fix it.

to remedy a serious disability (for example). B 4 hours); and other reasonable and timely defects and defects (p.B. 8-hour response and 24-48 hour correction). If the correction cannot be made within this time frame, the licensee should provide a “work around”, i.e. a temporary solution allowing the licensee to continue using the software for the most part as originally envisaged. The licensee should also be forced to continue its efforts to resolve the issue later (although it is only right that the licensee corrects some really minor problems with its next software version or software cycle). Free and open-source licenses: this type of license allows the licensee to use and redistribute software. For example, “authorized licenses” have very few restrictions on the transmission of the software, while “copyleft licenses” require the licensee to offer downstream users (sublicensings) the same rights that the licensee obtained from the licensee. This is usually used to release a license and require all users who make changes to the software to also offer these changes for free.

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