|This Contract is a typical software license which an end-user customer receives, signs and returns in order to obtain a software program. Such a license tends to be used for higher value software not obtained ‘off-the-shelf’. The license should be returned signed prior to delivery of the software to ensure that the customer is bound by its terms - and in particular that the customer is aware that it is being granted only a right to “use” the software upon certain conditions (hence the use of a license) and will not “own” the software.
If software is sold, all rights to the software are passed to the purchaser whereas with a license the rights to the software stay with the developer. Therefore, in order to ensure that the software developer receives a proper return on investment, a license is used to control use and reproduction and to retain intellectual property rights (copyright and trademarks) in the software.
This license is drafted for use by the Owner of software or by a distributor, dealer or agent marketing software on behalf of the Owner and has an easy to follow schedule of particulars at the front.
The license can be used for any software and provides a wide range of options, from licensing stand-alone to multi-concurrent user software applications, software development toolkits, isolated software libraries, etc. It also provides for the inclusion of multiple disks (e.g. 5 ¼”, 3 ½”, CD’s) but use of only one format, although use on a lap-top, portable or home computer is allowed in certain circumstances. This license also provides optional license fee structures; one-time or annual and per CPU or per number of concurrent users.