ABSTRACT

Software license agreements can range from the very simply to the incredibly complex. A process for acceptance testing should be included in the acceptance testing provision of the software license agreement. Depending on the nature of the software license agreement and the software and services to be provided by the vendor, there are other indemnities that are commonly included in these types of transactions. Consider whether there will be a restriction on the vendor’s ability to announce the relationship or list the reader company on a list of customers. Third-party software is commonly included by vendors in their software. Most commonly, software license agreements contain indemnification obligations of the vendor with respect to third-party claims against the customer that the software infringes the intellectual property rights of the third party. Many software license agreements also contain warranties with respect to the vendor supporting and providing updates to the software for a predetermined period of time.