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4 Software+license+agreements Final
4 Software+license+agreements Final
Dr Eszter Telek
IPR-Insights Consulting
remuneration
Terms of licenses
Undefined term
perpetual license
perpetual license by divided payment
Defined term
subscription
time limited test, evaluation license etc.
Obligatory provisions
direct subject: detailed rights to use the
software
indirect subject: exact definition of the
work
so it is a basic requirement that the
license agreement exactly defines the
software and the right which is granted
by the author to use it
Miscellaneous
warranty and liability
termination of contract
governing law
arbitration
etc.
Supplemental agreements
Upgrade license
Update is diferrent (fix, patch, service pack)
Maintenance agreement
Support agreement
Upgrade types
language
product (for example to change the edition)
version
competitive
Customer types
Levels
Quantity
Price
Discount
Rights and restrictions
MS FPP
In the box: install kit, manual, license (in some
cases only electronic), registration form are
included
Usually you can use only one version of the
software product
Licensing terms are set out in the EULA
There is no end user identifier on the license, so
you have to own an invoice (as conclusive
document)
It’s the most expensive way of the software
procurement
MS OEM software
Software can be purchased with hardware:
Operating systems
Office (usually a special edition)
Windows Server, SBS
Usage of one version is permitted only (but there
is one exception)
The license is electronic, COA label grants the
originality
There is no end user identifier on the license, so
you have to own an invoice
Product support provided by the hardware
supplier
MS Select
Licensing model for enterprises, only LAR
partners sell
Min. 3-year contract
Customers’ forecast determine the discount level
Updated media are provided automatically until
the agreement terminates
Educational and evaluation licenses for all
product
Software Assurance is available
MS Open Value
Available from 5 licenses
No minimum reorder
Monthly order (notification), annual payment
Price protection is provided from the order to the
termination of the agreement.
Types
Companywide option
Non-companywide option
MS Enterprise Agreement
Perpetual license by divided payment:
after 3 years the usage right transfers to
the customer as a perpetual license
Educational and evaluation licenses for all
the products