Software Licensing, Hosting, and Development Toolkit

Resources concerning software, information technology (IT), cloud service, mobile app, and data transactions, including provisions for intellectual property (IP) protection and commercialization in license and service agreements.

Practical Law Intellectual Property & Technology

Granting licenses and performing information technology-based services are common means of exploiting intellectual property (IP) rights in information technology (IT) assets. While the owners of IP rights (typically, rights in copyrights, patents, and trade secrets) in IT enjoy certain exclusive rights in their IP-protected assets, they may not have the technological know-how or resources to exploit those assets for certain uses. Correspondingly, there may be potential licensees that are better positioned than the IP owner to exploit the owner's IT assets but need the right to use those assets to do so. A licensing arrangement can therefore benefit both the IP owner and its licensees by allowing these parties to both:

  • Make the highest and best use of the owner's IT.

  • Optimize the resulting proceeds.

For example, by granting licenses:

  • A software copyright owner can earn royalties, license fees, or other consideration in exchange for authorizing end users to exercise the owner's exclusive reproduction right by executing the software program.

  • The licensed end user can benefit from the productive use of the software in its internal operations or for the design, development, manufacture, or sale of income-producing products or services.

Alternatively, a software IP owner may commercialize its software without allowing third parties to exercise the owner's IP rights by retaining sole possession of the software and using it to sell hosted, cloud-based software as a service (SaaS) services. Both the licensing and SaaS models, when properly administered, enable:

  • The software rights owner to retain control of the software and ownership of the software's associated IP rights.

  • The software licensee or service subscriber to make productive use of the software.

This Toolkit contains resources that provide practical guidance on many aspects of software and data licenses, IT services, and related transactions that allow counsel to effectively drive the IT transactional process.

 

Software IP and Contract Law Rights and Protections

 

Software Licensing and Support Agreements

 

Services/Software as a Service (SaaS) Agreements

 

Software and Systems Development and Integration Agreements

 

Open Source Software

 

Software Escrow Agreements

 

Mobile Apps

 

Data Transactions

 
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