Back dating contract software issues
Note that licensees often request additional indemnities from licensors including a personal injury and property damage indemnity, especially where licensor personnel will perform services at the licensee’s location. You should contact a licensed attorney in your jurisdiction to obtain advice with respect to any particular issue or problem.Do you have any comments on the information presented? Learn more about me, the legal services I provide, and other articles I have written. Use of and access to this website, or any of the information or links contained within the website, does not create an attorney-client relationship. I caught a few invoices that hadn't been entered for 2013 so created them with the date of service of October 12, 2013.However, QB is showing the invoice date as today's date in my reporting, which means that my income reports are showing the income for 2014 instead of 2013.In other situations, the software license agreement is not or cannot be negotiated, in whole or in part.The following checklist is geared towards traditional business to business software licensing where the licensee will install and use the software on the licensee’s premises.Some licensees do not agree to exclusive remedies with respect to infringement issues and expect to have their full range of remedies under the software license agreement.
Most licensors will want the indemnity and the additional actions to serve as the licensee’s exclusive remedy for intellectual property infringement and claims.In other transactions, the type or intended use of the software will lend itself to a negotiated deal.This is more often the case where a licensee views the transaction as material in size, the software as “mission-critical” or where there are fewer feasible alternatives in the marketplace.Drafting such an agreement involves planning for and potentially addressing a wide range of technical, economic and legal issues. Software license agreements vary as much as the software they relate to, and software and software license models are constantly changing and evolving.Despite this fluidity, a software license agreement checklist can be a useful tool for both licensors and licensees and their internal stakeholders.