A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software. Under United States copyright law all software is copyright protected, except material in the public domain. A typical software license grants an end-user permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner’s exclusive rights under copyright law.
In addition to granting rights and imposing restrictions on the use of software, software licenses typically contain provisions which allocate liability and responsibility between the parties entering into the license agreement. In enterprise and commercial software transactions these terms often include limitations of liability, warranties and warranty disclaimers, and indemnity if the software infringes intellectual property rights of others.
Software licenses can generally be fit into two categories: Proprietary Licenses and Free and Open Source Licenses. The significant feature that distinguishes them are the terms which the end-user’s might further distribute or copy the software.
In the United States, Section 117 of the Copyright Act gives the owner of a particular copy of software the explicit right to use the software with a computer, even if use of the software with a computer requires the making of incidental copies or adaptations (acts which could otherwise potentially constitute copyright infringement). Therefore, the owner of a copy of computer software is legally entitled to use that copy of software. Hence, if the end-user of software is the owner of the respective copy, then the end-user may legally use the software without a license from the software publisher.
As many proprietary “licenses” only enumerate the rights that the user already has under 17 U.S.C. § 117, and yet proclaim to take rights away from the user, these contracts may lack consideration. Proprietary Software Licenses often proclaim to give software publishers more control over the way their software is used by keeping ownership of each copy of software with the software publisher. By doing so, Section 117 does not apply to the end-user and the software publisher may then compel the end-user to accept all of the terms of the license agreement, many of which may be more restrictive than copyright law alone. The form of the relationship determines if it is a lease or a purchase, for example UMG v. Augusto or Vernor v. Autodesk, Inc..
Correct Utilisation is Crucial, and for that Professionals should Always be Consulted.
CWIIL TECH LABS is part of CWIIL Group Of Companies, a Global Group of Multi – Specialized Units with Diversified Interests and Activities, wherein each Company is a separate Legal Entity registered under prevailing laws in different parts of the world. The Group is active in a Multitude of Business Verticals, and its Technology Unit by the name of CWIIL TECH LABS covers a host of Technology Services, Products, Projects and Solutions.
Consulting Team – CWIIL Tech Labs, either directly or through the professionals in any CWIIL Group of Companies, for Professional Technology Guidance for your Specific Purpose, ensures Advise based on Highest Level of Knowledge which are given to you by a Team of Select Research-Oriented Experts whom each will do their own assessing of your matter, and also assess them together, thus ensuring that in case a mistake has been made by one, it will be noticed and corrected even before it is being passed on to you. Receiving incorrect and unknowledgeable technology advice can be disastrous and thus should be avoided.
Remember there is no quick fix solution to any problem. Thus, always ensure to consult Highly Knowledgeable Group Of Professionals whom would Provide You with a Collective Advice, never individual advise. This Group Advise and Approach is unique with all CWIIL Tech Labs Solutions and is in tune with the overall Management Philosophy of all CWIIL Group Companies, including but not limited to only CWIIL Tech Labs [ A Unit Of CWIIL Group ].
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