Software licensing agreements generally contain detailed provisions (known as “disclaimers”) that exclude any other promises regarding the quality of the software. For example, disclaimers generally provide that explicit guarantees of software quality exist in place of any other explicit or tacit commitment to the software, including promises regarding market accessibility, sustainability and software adequacy for specific purposes. In addition, disclaimers often specify that the customer is solely responsible for selecting the software and determining the suitability of the software for the client`s respective use, and warns that the software is provided “as intended” and “with all errors” and that the client is using the software at its own risk. Software licensing agreements often complement exclusion clauses with a provision (known as a “full contract” or “integration clause”) that confirms that the written software license agreement replaces and replaces all previous software discussions, promises, agreements and agreements. The purpose of this provision is to prevent one of the parties from relying on pre-contract discussions or assurances (including statements in the supplier`s advertising and marketing materials and commitments made during sales submissions and negotiations) that are not explicitly confirmed in the software license agreement. 2.1 License. Subject to the terms of this agreement and the payment of applicable product taxes, Check Point hereby grants you only a non-exclusive, non-exclusive and non-transferable permanent licence (with the exception of (i) the licence is not indeterminate if the product is intended for only a limited period, in which case the licence expires at the expiry of the current period; and (ii) with respect to the hardware product, the license is only valid as a part and for the life of the originally designated product), in order to install and use the copy of the product in accordance with the corresponding end-user documentation which provides check Point only on the licensed server and only for the licensed configuration. You are not allowed to complete, obtain, use or verify the source code or design documentation. In other cases, the software license agreement is not or cannot be negotiated in full or in part.
The following checklist is for the licensing of enterprise software in which the licensee installs and uses the software on the licensee`s premises. If the software is in the cloud or in another remote hosting environment, you should see this article on SaaS contracts. If the software is provided as part of a master service contract that includes the work instruction license, see the Master Services Agreement Guide and the Work Statement Guide. Software licensing agreements often contain limited commitments regarding the quality of software conceded and offer the customer limited corrective action when the software is defective. Clients should understand these provisions and consider risk management through other contractual rights and prudent business practices.