When Must A Software License Agreement Be Accepted When Using Proprietary Software

End-user license agreements are usually lengthy and written in very specific legal language, making it difficult for the average user to provide informed consent. [3] If the Company designs the End User License Agreement in such a way that users are intentionally discouraged from reading it and uses language that is difficult to understand, many users may not give informed consent. Jerry Pournelle wrote in 1983: “I have not seen any evidence that. Levitical agreements – full of “You won`t do it” – have some effect on piracy. He gave an example of an EULA that was impossible for a user to meet, saying, “Come on, Fellows. No one expects these agreements to be respected. Pournelle noted that in practice, many companies are more generous to their customers than their EULAs require, and wondered, “Why then do they insist that their customers sign `agreements` that the customer doesn`t want to stick to and that the company knows won`t be kept? Should we continue to make hypocrites publishers and customers? [14] This section gives Licensee the opportunity to refuse the Software or to ensure that the Software functions properly before Licensor is deemed to have fulfilled its obligation to provide the Software. It establishes a process by which the licensee defines the criteria for what it means that the software is working properly. For example, a test for a table-type software function might be to calculate the corresponding numbers in a formula with the expected results. Licensor conducts the test in the presence of Licensee or its representative and both parties may assist in the manner in which the Software is tested.

Important: This Software License Agreement is appropriate for situations where the software owner (licensor) approves or licenses the software “as is” to the user (licensee) for its use. It does not provide any additional development, customization or maintenance by Licensor. This is not a software development contract to adapt the software to the licensee`s unique specifications. Nor is this Agreement a Software as a Service (SaaS) agreement in which the Software is generally hosted by Licensor and made available to Licensee for access on a pay-as-you-go or subscription basis. .

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