Open Source Software: What You Need to Know. Presented By: Lisa Abe, Ian Kyer and Marek Nitoslawski

Size: px
Start display at page:

Download "Open Source Software: What You Need to Know. Presented By: Lisa Abe, Ian Kyer and Marek Nitoslawski"

Transcription

1 Open Source Software: What You Need to Know Presented By: Lisa Abe, Ian Kyer and Marek Nitoslawski September 15, 2005

2 Open source software ( OSS ): What you need to know Understanding the business and licensing models The risks and rewards Using open source in proprietary software New terms for acquisitions and licenses Tips for corporate policies

3 Understanding the business and licensing models Currently, over 50 different forms of open source licenses which have been certified by the Open Source Initiative (OSI), a non-profit corporation which manages and promotes OSS through a certification program and certification mark, e.g.: GNU General Public License (GPL), Version 2, June 1991 (new version 3 expected for 2005) Mozilla Public License, Version 1.1, (MPL 1.1) Sun Industry Standards Source License (SISSL) Sun Public License (SPL), Version 1.0 Apache License, Version January 2004 Apple Public Source License, Version 2.0 August 6, 2003 IBM Public License, Version 1.0 Eclipse Public License Version 1.0

4 Understanding the business and licensing models Common misconceptions; what OSS is not: Public domain Not subject to IP rights Free like a free puppy Unrestricted use Subject to the same terms as all other OSS; standard terms Turns proprietary software into OSS it depends No liability

5 Understanding the business and licensing models Common OSS criteria: Can t have restrictions or fees on redistribution Must include source code and compiled object code Modifications and distribution subject to the same license terms No discrimination Can t be restricted in a confidentiality agreement Must be severable, e.g. not linked to specific product Technology neutral

6 Using open source in proprietary software The risks The rewards Practical tips

7 The risks Business: Unsure origin; evolution via multiple authors; derived works can carry a different name or version number from the original OSS Quality assurance, bad code Protecting your company s reputation Unapproved changes could be made to your product downstream Dilution, lack of quality control Who is responsible for the whole software product? What will be supported, from supplier (upstream) and by your company (downstream)?

8 The risks Legal: Dynamic linking or shared code (in particular modified OSS code) could contaminate proprietary code lose licensing/commercial freedom viral license affects external distribution Ambiguity around license terms, e.g.: software that contains any part of the OSS must be licensed under the same license terms as the OSS Lack of warranties and indemnities Open source software licenses disclaim some representations and warranties, but not all; not sufficient protection downstream E.g. GNU, MPL, SISSL, SPL, Apache, do not disclaim implied conditions nor the provisions of the United Nations Convention on Contracts for the International Sale of Goods Certain limitation clauses may not be enforceable in certain jurisdictions

9 The risks Legal (cont.): OSS licenses that do not deal with all IP rights of all jurisdictions, e.g. patent rights, or waivers of moral rights in Canada Risk of having to stop using or selling Risk of patent infringement; someone could have independently created and with priority obtained a patent on an invention in the OSS Not subject to confidentiality; not protectable by trade secret law Breach of OSS license terms (assuming enforceable) Conflict with other legal compliance, e.g. export restrictions, SOX Uncertainty of governing law

10 The rewards Rapid evolution of software Independent peer review Improvement, bug fixes, free help Encourages interoperability, standards Can be used commercially Can bundle with proprietary software Depending on OSS license, should be able to sell proprietary software on separate license terms and under a different TM Perceived lower cost, growing acceptance, goodwill

11 Using open source in proprietary software Practical Tips Business/Technical: Keep OSS source code separate kernels, extract GPL code from external source Try to avoid dynamic linking Don t bundle with software protected by trade secrets Distribute as pristine base source plus patches, thus can be distinguished Track and manage the OSS, any modifications and your obligations Know whether OSS or proprietary software being modified focus development efforts where more profitable Internal use less risky than external/resale use Set up and enforce corporate policies (discussed below) governing software development and procurement, being sensitive to OSS issues

12 Using open source in proprietary software Practical Tips Legal: Review the OSS license: Not all OSS licenses are the same there is no standard Ensure it contains sufficient rights (e.g. patents, waivers of moral rights), rights of redistribution, sale, have made, etc. to be within scope of intended use Watch out for 3 rd party rights (e.g. upstream bundled code) Watch out for differences between internal vs. external/resale use Watch out for differences between unmodified vs. modified use Ensure no grant-backs or contamination of your proprietary code Know what warranties and indemnities are missing Know the scope of limits on liability and disclaimers

13 Using open source in proprietary software Practical Tips Legal (cont.): Weigh the risks, e.g. lack of quality, ownership, warranties, indemnities, IP infringement Ensure your downstream license to customer: does not violate the OSS license, e.g. by restricting modification, transfer, etc. does not contain warranties and indemnities that cover the OSS, which terms are greater than the terms obtained from upstream contains adequate and enforceable limits on liability and disclaimers (don t just rely on those flow-through terms in the OSS license) is enforceable (e.g. method of acceptance) OSS licenses often embedded in product or may contain unenforceable terms Associate your product with different trade-mark

14 New terms for acquisitions and licenses For the Vendor/Licensor: List all OSS components in a schedule (importance of tracking), and whether being used internally or in distribution; and whether or not modified by vendor To avoid violating OSS licenses, carve-out OSS from your downstream licenses containing common restrictions on copying, modification, distribution, sublicensing, transferability, etc. Carve-out OSS from your warranties and indemnities Other alternatives, limitations on indemnities, e.g.: HP requires HP version of software to be run on HP hardware and an HP support subscription; Novell requires minimum $ spend, a support subscription and cap on indemnity of lesser of $1.5M or 125% of value; Red Hat sole remedy for breach of IP infringement warranty is to replace, no indemnity.

15 New terms for acquisitions and licenses For the Vendor/Licensor (cont.): You should be relieved of liability, support obligations, etc., if purchaser modifies any OSS in your product Limit your liability to cover any gaps in OSS licenses, e.g. where no warranties, indemnities or enforceability of LOL clauses is in doubt

16 New terms for acquisitions and licenses For the Purchaser/Licensee: Due diligence as to vendor s/subcontractors use of OSS, OSS license terms and implications of downstream licenses Warranties from vendor/subcontractor/licensor as to: no OSS or extent of OSS, e.g. all listed/disclosed type of OSS license and restrictions scope of vendor s use of OSS, e.g. internal vs. external distribution; unmodified vs. modified ability to further distribute, market, transfer and license the product origin, ownership and functionality of OSS may be difficult to obtain Corresponding indemnities if proprietary software becomes contaminated

17 Tips for corporate policies For in-house development policies: Differences for use internally vs. externally (resale requires distribution of source and may be viral) Differences for modified OSS code vs. unmodified code Guidelines for modifications, will they be allowed? Process for review and permissions to use/implement/modify OSS Only certain pre-approved OSS (e.g. the ones which legal has approved licenses of) Separate OSS from proprietary code Ensure company has copy of all OSS source code Establish and ensure compliance with tracking and management procedures

18 Tips for corporate policies For procurement: Establish review process for procuring software and IT assets, e.g.: due diligence process; patent searches quality control standards pre-approved third-party vendors contractual terms to be negotiated and reviewed carefully legal review of each OSS component license Don t underestimate the risk/probability of IP infringement claims, e.g. RIM in InPro II Licensing v. T-Mobile USA, Inc., SCO v. IBM As with all policies, ensure they are enforceable via employee training, review, agreement and consistent treatment

19 In Closing, on Open Source Not all OSS licenses are the same Don t rely on flow-through licenses to protect you IP infringement becoming more of a reality (formerly a low probability, technical practice area issue) Blanket general IP warranties and indemnities are no longer sufficient Trade secret protection doesn t work with OSS Don t rely on your employees/developers to be vigilant and aware of/address all the issues OSS touches on many commercial contracts, e.g. M&A, IT purchases, service/outsourcing contracts Get early involvement of experienced IT counsel

20 Technology and Intellectual Property Practice Group This presentation contains statements of general principles and not legal opinions and should not be acted upon without first consulting a lawyer who will provide analysis and advice on a specific matter. Fasken Martineau DuMoulin LLP is a limited liability partnership under the laws of Ontario and includes law corporations.

Web development, intellectual property, e-commerce & legal issues. Presented By: Lisa Abe

Web development, intellectual property, e-commerce & legal issues. Presented By: Lisa Abe Web development, intellectual property, e-commerce & legal issues Presented By: Lisa Abe October 8, 2005 Web development, intellectual property, e-commerce & legal issues 1. what intellectual property

More information

IT Outsourcing Contracts: What You Need to Know. Presented By: Lisa Abe

IT Outsourcing Contracts: What You Need to Know. Presented By: Lisa Abe IT Outsourcing Contracts: What You Need to Know Presented By: Lisa Abe September 30, 2005 IT Outsourcing Contracts: What You Need To Know 1. Choosing the right service provider RFP and due diligence process

More information

What You Should Know About Open Source Software

What You Should Know About Open Source Software What You Should Know About Open Source Software J.D. Marple Silicon Valley Latham & Watkins operates as a limited liability partnership worldwide with an affiliate in the United Kingdom and Italy, where

More information

Open Source Code: Understanding and Managing the Risks. May 8, 2006. Renee L. Jackson. Christopher K. Larus. When You Think IP,

Open Source Code: Understanding and Managing the Risks. May 8, 2006. Renee L. Jackson. Christopher K. Larus. When You Think IP, Open Source Code: Understanding and Managing the Risks May 8, 2006 Renee L. Jackson Christopher K. Larus When You Think IP, When You Think Think Fulbright. IP, TM Think Fulbright. TM What is Open Source

More information

Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments

Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments Andrew J. Hall Fenwick & West LLP April 16, 2013 Linux Foundation Collaboration Summit Presentation Topics Introduction

More information

Issues in Software Licensing, Acquisition and

Issues in Software Licensing, Acquisition and Issues in Software Licensing, Acquisition and Development July 18, 2013 David Jennings Context For Our Purposes; What s a license? Fundamentally, it is a permission to do something(s). A license conveys

More information

Data Management: Considerations for Integrating Compliance Requirements At Home and Abroad. Toronto, Ontario June 14, 2005

Data Management: Considerations for Integrating Compliance Requirements At Home and Abroad. Toronto, Ontario June 14, 2005 Data Management: Considerations for Integrating Compliance Requirements At Home and Abroad Toronto, Ontario June 14, 2005 Outsourcing Update: New Contractual Options and Risks Lisa K. Abe June 14, 2005

More information

Intellectual Property Group Presentation. Using Open Source Software Issues to Consider. Peter J. Guffin, Esq. Pierce Atwood LLP January 22, 2009

Intellectual Property Group Presentation. Using Open Source Software Issues to Consider. Peter J. Guffin, Esq. Pierce Atwood LLP January 22, 2009 Intellectual Property Group Presentation Using Open Source Software Issues to Consider Peter J. Guffin, Esq. Pierce Atwood LLP January 22, 2009 I. Agenda Select key terms in various open source licenses

More information

GPL, MIT, BSD, GEHC (and me)

GPL, MIT, BSD, GEHC (and me) GPL, MIT, BSD, GEHC (and me) Introduction to Open Source Therese Catanzariti author reproduce literary employer COPYRIGHT OWNER commission work for hire has the exclusive right to distribute prepare derivatives

More information

Open Source and Legal Issues

Open Source and Legal Issues In-House Lawyers: Shaping New Legislation, Case-Law and Government Plans into Practical Company Policies Open Source and Legal Issues Rodolphe Michel, British Telecommunications plc This presentation contains

More information

GPL, MIT, BSD, OSS (and me)

GPL, MIT, BSD, OSS (and me) GPL, MIT, BSD, OSS (and me) Introduction to Open Source Therese Catanzariti OSS encourages code distribution (so you can sell epensive things on top of code OSS is risky! OSS saves engineering time and

More information

Software Licensing 101: Open Source and Proprietary

Software Licensing 101: Open Source and Proprietary Software Licensing 101: Open Source and Proprietary July 26, 2016 NC Bar Center Cary, NC 565SLW North Carolina Bar Association Foundation (NCBAF) publications are intended to provide current and accurate

More information

End-User Software License Agreement

End-User Software License Agreement End-User Software License Agreement This End-User Software License Agreement (the Agreement ) is a license agreement between you (the Licensee ) and IMSWorkX, Inc. ( IMSWorkX ), a Delaware corporation

More information

Open Source in the Real World: Beyond the Rhetoric

Open Source in the Real World: Beyond the Rhetoric Open Source in the Real World: Beyond the Rhetoric Maureen Dorney Partner, DLA Piper Kat McCabe Board of Advisors, Black Duck Software, Inc. Gemma Dreher Senior Counsel, BAE Systems Introduction Widespread

More information

Managing risks associated with open source software

Managing risks associated with open source software Managing risks associated with open source software Billie Audia Zermatt Legal Group Institute for Security, Technology & Society Dartmouth College 2 April 2009 Discussion What is Open Source? Benefits,

More information

Open Source Software: Strategies and Risk Management

Open Source Software: Strategies and Risk Management Open Source Software: Strategies and Risk Management Elisabeth Esner i DLA Pper i Rudnick Gray Cary US LLP (858) 677-1484 elisabeth.e isner@dlap iper.com Mark Lehberg DLA Pper i Rudnick Gray Cary US LLP

More information

Intellectual Property in M&A

Intellectual Property in M&A Intellectual Property in M&A October 23, 2015 Dallas Bar Association IP Section Steve Stein, Jesse Betts, Craig Carpenter Thompson & Knight LLP Today s Topics Steps in M&A Transactions Drivers in M&A Transactions

More information

Intellectual Property& Technology Law Journal

Intellectual Property& Technology Law Journal Intellectual Property& Technology Law Journal Edited by the Technology and Proprietary Rights Group of Weil, Gotshal & Manges LLP VOLUME 26 NUMBER 6 JUNE 2014 A Practical Approach to Working with Open

More information

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User)

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) By clicking the Accept button, I signify that I have read and accept the terms below. IMPORTANT - READ BEFORE COPYING, INSTALLING

More information

FME SOFTWARE LICENSE AGREEMENT

FME SOFTWARE LICENSE AGREEMENT FME SOFTWARE LICENSE AGREEMENT IMPORTANT READ CAREFULLY: This FME Software License Agreement ("Agreement") is a legal agreement between You (either an individual or a single legal entity) and Safe Software

More information

SOLARWINDS, INC. ipmonitor 8.0 MANAGER END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED

SOLARWINDS, INC. ipmonitor 8.0 MANAGER END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED SOLARWINDS, INC ipmonitor 8.0 MANAGER END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL

More information

An Introduction to the Legal Issues Surrounding Open Source Software

An Introduction to the Legal Issues Surrounding Open Source Software An Introduction to the Legal Issues Surrounding Open Source Software By Daliah Saper Saper Law Offices, LLC 505 N. LaSalle, Suite #350 Chicago, IL 60654 http://www.saperlaw.com Open Source Software Open

More information

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT THE VERTEXFX TRADER API (THE SOFTWARE ) AND THE ACCOMPANYING DOCUMENTATION (THE RELATED MATERIALS ) (COLLECTIVELY, THE PRODUCT ) ARE PROTECTED BY

More information

2012 Winston & Strawn LLP

2012 Winston & Strawn LLP 2012 Winston & Strawn LLP Top 5 Negotiation Points for Software, SaaS, and Outsourcing Agreements Brought to you by Winston & Strawn s Advertising, Marketing, and Entertainment Law Group 2012 Winston &

More information

Open source licenses and IPR protection. INF Lecture 11

Open source licenses and IPR protection. INF Lecture 11 Open source licenses and IPR protection INF5750 - Lecture 11 Intro 1 What is IPR? What are IPR control points? Patents Copyright Licenses Other control points Why is IPR important? Intro 2 Open Innovation

More information

READ THIS AGREEMENT CAREFULLY.

READ THIS AGREEMENT CAREFULLY. NEXB INC. END USER AGREEMENT FOR SOFTWARE AS A SERVICE READ THIS AGREEMENT CAREFULLY. This Agreement is a legally binding agreement between you (meaning the person or the entity that obtained the Service

More information

Cloud Computing: Legal Risks and Best Practices

Cloud Computing: Legal Risks and Best Practices Cloud Computing: Legal Risks and Best Practices A Bennett Jones Presentation Toronto, Ontario Lisa Abe-Oldenburg, Partner Bennett Jones LLP November 7, 2012 Introduction Security and Data Privacy Recent

More information

Presentation. Open Source is NOT Free. For ISACA. By Dave Yip / Gamatech Ltd. Agenda

Presentation. Open Source is NOT Free. For ISACA. By Dave Yip / Gamatech Ltd. Agenda Presentation Open Source is NOT Free For ISACA By Dave Yip / Gamatech Ltd Agenda Gamatech Introduction to Open Source Open Source and Enterprises Open Source Licensing Open Source Risks Open Source Management

More information

An Introduction to Open Source Software and Licensing

An Introduction to Open Source Software and Licensing An Introduction to Open Source Software and Licensing @black_duck_sw Karen Copenhaver Mark Radcliffe Peter Vescuso Black Duck 2013 Speakers Peter Vescuso EVP of Marketing, Black Duck Software Karen Copenhaver

More information

Metatron Technology Consulting s Strategic Guide to Open Source Software

Metatron Technology Consulting s Strategic Guide to Open Source Software Metatron Technology Consulting s Strategic Guide to Open Source Software Chris Travers April 30, 2004 Copyright c April 30, 2004 Metatron Technology Consulting. Permission is granted for verbatim redistribution

More information

Open Source Management

Open Source Management Open Source Management Best practices for professional use of open source software Simont Braun Avenue Louise, 149/20 1050 Bruxelles T 32 2 533 17 71 F 32 2 533 17 97 E benjamin.docquir@simontbraun.eu

More information

Web Site Development Agreement

Web Site Development Agreement Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial

More information

The Risks of Open Source Software in Outsourcing Transactions

The Risks of Open Source Software in Outsourcing Transactions The Risks of Open Source Software in Outsourcing Transactions Derek Schaffner Open source software (OSS) is far more prevalent in the corporate environment than commonly thought. In fact, current research

More information

AMERICAN INSTITUTES FOR RESEARCH OPEN SOURCE SOFTWARE LICENSE

AMERICAN INSTITUTES FOR RESEARCH OPEN SOURCE SOFTWARE LICENSE AMERICAN INSTITUTES FOR RESEARCH OPEN SOURCE SOFTWARE LICENSE 1. DEFINITIONS. 1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications. 1.2. "Contributor

More information

Open Source Software: Recent Developments and Public Policy Implications. World Information Technology and Services Alliance

Open Source Software: Recent Developments and Public Policy Implications. World Information Technology and Services Alliance December 2004 Open Source Software: Recent Developments and Public Policy Implications Open source software has become a topic of great interest in the press and among policymakers. Open source software

More information

LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API

LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API PREAMBLE This Tobii Analytics Software Development Kit and API License Agreement (the "Agreement") forms a legally binding contract

More information

Licence Agreement. Document filename. HSCIC Licence Agreement. Directorate / Programme. Solution, Design, Assurance and Standards. Status.

Licence Agreement. Document filename. HSCIC Licence Agreement. Directorate / Programme. Solution, Design, Assurance and Standards. Status. Document filename HSCIC Licence Agreement Directorate / Programme Solution, Design, Assurance and Standards Status Approved Version 1.0 Version issue date 01/04/2013 Licence Agreement INTRODUCTION This

More information

Open Source and Government Procurement

Open Source and Government Procurement Open Source and Government Procurement Tuesday October 21, 2007 Copyright 2007 Holme, Roberts & Owen LLP Increasingly unwise not to consider open source Increasingly unrealistic to avoid open source You

More information

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other

More information

1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant

1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant RAPID FOCUS SECURITY, INC. DBA PWNIE EXPRESS END USER LICENSE AGREEMENT FOR ENTERPRISE PENTESTING APPLIANCE (EPA), PWN PLUG, PWN PLUG WIRELESS, PWN PLUG 3G, PWN PLUG ELITE, PWN PHONE, PWN PAD, PWN PLUG

More information

RockWare Click-Wrap Software License Agreement ( License )

RockWare Click-Wrap Software License Agreement ( License ) RockWare, Inc. ( RockWare ) 2221 East Street, Suite 101 Golden CO 80401 USA RockWare Click-Wrap Software License Agreement ( License ) IMPORTANT - READ ALL OF THE TERMS AND CONDITIONS IN THIS LICENSE CAREFULLY

More information

CSPA. Common Statistical Production Architecture Descritption of the Business aspects of the architecture: business models for sharing software

CSPA. Common Statistical Production Architecture Descritption of the Business aspects of the architecture: business models for sharing software CSPA Common Statistical Production Architecture Descritption of the Business aspects of the architecture: business models for sharing software Carlo Vaccari Istat (vaccari@istat.it) Index Costs categories

More information

We d like to hear your suggestions for improving our indexes. Send email to index@oreilly.com.

We d like to hear your suggestions for improving our indexes. Send email to index@oreilly.com. Index A Academic Free License, 14, 24 30 derivative works, 27 disclaimer of warranties, 26 intellectual property rights, 24 limitations of, 26 merger clauses, 29 modifying terms, 30 non-endorsement provision,

More information

CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT

CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING CITRIX OR CITRIX-SUPPLIED SOFTWARE. BY DOWNLOADING OR INSTALLING

More information

Consulting Terms. 1. Consulting Services

Consulting Terms. 1. Consulting Services These Consulting Terms, together with a Work Order, and any terms which are incorporated by written reference in any of the foregoing (including written reference to information contained in a URL or policy)

More information

Commercial Software Licensing

Commercial Software Licensing Commercial Software Licensing CHAPTER 4: Prepared by DoD ESI January 2013 Chapter Overview Publishers generally create one or more of three major types of software products: Applications software for transactions,

More information

SUBSCRIPTION SERVICES.

SUBSCRIPTION SERVICES. SUSE Manager Server SUSE Manager Server with Database SUSE Software License Agreement PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING AND/OR USING THE SOFTWARE (INCLUDING ITS COMPONENTS),

More information

TRADEMARK AND DOMAIN NAME AGREEMENT

TRADEMARK AND DOMAIN NAME AGREEMENT TRADEMARK AND DOMAIN NAME AGREEMENT This agreement (the Agreement ) is by and between _ ( Party ) and Eclipse Foundation, Inc. ( Eclipse ) and is effective as of [ ] [ ], 201[ ] (the Effective Date ).

More information

JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT

JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY. THIS IS A LEGAL CONTRACT BETWEEN YOU AND JOHN DEERE SHARED SERVICES, INC., A CORPORATION HAVING A PRINCIPAL ADDRESS

More information

NON-EXCLUSIVE SOFTWARE LICENSE AGREEMENT FOR MICROCHIP USB FRAMEWORK SOFTWARE IMPORTANT - READ CAREFULLY.

NON-EXCLUSIVE SOFTWARE LICENSE AGREEMENT FOR MICROCHIP USB FRAMEWORK SOFTWARE IMPORTANT - READ CAREFULLY. IMPORTANT: MICROCHIP TECHNOLOGY INC. ("COMPANY") IS WILLING TO LICENSE USB FRAMEWORK SOFTWARE AND ACCOMPANYING DOCUMENTATION OFFERED TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS.

More information

Services Agreement between Client and Provider

Services Agreement between Client and Provider Services Agreement between Client and Provider This Services Agreement is part of the Member Contract between Client and Provider, effective upon Client s award and Provider s acceptance of a Job on the

More information

TaxSaverNetwork. Terms of Service

TaxSaverNetwork. Terms of Service TaxSaverNetwork Terms of Service 1031 Exchange Advantage (1031 EA, LLC) provides 1031 accommodation services for investors to conclude a 1031 exchange under IRC code regulations. 1031 EA, LLC structures,

More information

SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS

SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS 1. IMPORTANT NOTICE PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE AGREEMENT ) CAREFULLY BEFORE PROCEEDING TO USE THE ENCLOSED

More information

IP Considerations in Outsourcing Agreements

IP Considerations in Outsourcing Agreements IP Considerations in Outsourcing Agreements Speakers: Moderator: Diana Mansour, Associate, Gardner Roberts LLP Mathew Snell, GTS Canada Senior Counsel, IBM Canada Ildiko Mehes, VP and General Counsel,

More information

Terms and Conditions of Use Agreement Last Updated: September 23, 2014

Terms and Conditions of Use Agreement Last Updated: September 23, 2014 Terms and Conditions of Use Agreement Last Updated: September 23, 2014 1. Description of Service, Acceptance of Terms, Modification Welcome to the official website of Giselle Blondet, located at http://www.tengo590yque.com(the

More information

Governance of multi-authors and Open Source collaboration projects: Best practices and legal tips. Michel Jaccard l Juliette Ancelle

Governance of multi-authors and Open Source collaboration projects: Best practices and legal tips. Michel Jaccard l Juliette Ancelle Governance of multi-authors and Open Source collaboration projects: Best practices and legal tips Michel Jaccard l Juliette Ancelle Outline of today s workshop What are we talking about? What are the main

More information

6. MODIFICATIONS. Licensee may modify, adapt and create improvements to the SOFTWARE subject to the following conditions:

6. MODIFICATIONS. Licensee may modify, adapt and create improvements to the SOFTWARE subject to the following conditions: ACADIA UNIVERSITY Software License Agreement This Software License Agreement ("Agreement") is made and entered into this _ of 20, (the "Effective Date") by and between The Governors of Acadia University

More information

Adobe LeanPrint Dashboard Software Notices and/or Additional Terms and Conditions

Adobe LeanPrint Dashboard Software Notices and/or Additional Terms and Conditions Adobe LeanPrint Dashboard Software Notices and/or Additional Terms and Conditions This page and/or pages linked from this page contain Third Party Software Notices and/or additional Terms and Conditions

More information

TERMS and CONDITIONS OF USE - NextSTEPS TM

TERMS and CONDITIONS OF USE - NextSTEPS TM TERMS and CONDITIONS OF USE - NextSTEPS TM DATED MARCH 24, 2014. These terms and conditions of use (the Terms and Conditions ) govern your use of the website known as NextSTEPS TM, https://www.stepsonline.ca/

More information

SECURERF CORPORATION ( SECURERF ) THE VERIDIFY DASHBOARD EVALUATION LICENSE AND HOSTING SERVICE

SECURERF CORPORATION ( SECURERF ) THE VERIDIFY DASHBOARD EVALUATION LICENSE AND HOSTING SERVICE SECURERF CORPORATION ( SECURERF ) THE VERIDIFY DASHBOARD EVALUATION LICENSE AND HOSTING SERVICE LAST UPDATE: JANUARY 1, 2015 THE VERIDIFY DASHBOARD IS PART OF THE SECURERF FAMILY OF PRODUCTS, THE TERMS

More information

Commercial Software Licensing

Commercial Software Licensing Commercial Software Licensing CHAPTER 6: Prepared by DoD ESI January 2013 Chapter Overview Government contracts must comply with FAR and DFARS. They include terms and conditions (Ts & Cs) from GSA, BPAs,

More information

Open Source Used In Cisco D9865 Satellite Receiver Software Version 2.20

Open Source Used In Cisco D9865 Satellite Receiver Software Version 2.20 Open Source Used In Cisco D9865 Satellite Receiver Software Version 2.20 Cisco Systems, Inc. www.cisco.com Cisco has more than 200 offices worldwide. Addresses, phone numbers, and fax numbers are listed

More information

Specific Program Document ( License SPD )

Specific Program Document ( License SPD ) Specific Program Document ( License SPD ) 1. CA Europe s.a.r.l. ( CA ) licenses to Customer the CA software program(s) listed below under the following terms and conditions. By using the CA Software, Customer

More information

GitLab.com Terms GITLAB.COM TERMS

GitLab.com Terms GITLAB.COM TERMS GitLab.com Terms The following terms and conditions govern all use of the Gitlab.com website (the Website ) owned by GitLab B.V. and all content, services and support packages. The Website is offered subject

More information

Covered California. Terms and Conditions of Use

Covered California. Terms and Conditions of Use Terms and Conditions of Use Contents: Purpose Of This Agreement Privacy Policy Modification Of This Agreement Permission To Act On Your Behalf How We Identify You Registration Additional Terms For Products

More information

END USER LICENSE AGREEMENT ( EULA )

END USER LICENSE AGREEMENT ( EULA ) END USER LICENSE AGREEMENT ( EULA ) PLEASE READ CAREFULLY THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AS AN INDIVIDUAL, COMPANY OR OTHER LEGAL ENTITY (IN ANY CAPACITY REFERRED TO HEREIN AS END USER,

More information

1. Third Party Software or Free Software License Information

1. Third Party Software or Free Software License Information Acer Legal Information 1. Third Party Software or Free Software License Information Software included by Acer on its products or offered by Acer on its websites for download may contain free or third party

More information

Specific Program Documentation ( License SPD )

Specific Program Documentation ( License SPD ) Specific Program Documentation ( License SPD ) 1. CA Europe sarl ( CA ) licenses to Customer the CA software program(s) listed below under the following terms and conditions. By using the CA Software,

More information

"Owner" "Designer" 1. Description of the Services. "Website" Schedule A "Services" 2. Design Team. "Design Team" 3. Term / Scheduling.

Owner Designer 1. Description of the Services. Website Schedule A Services 2. Design Team. Design Team 3. Term / Scheduling. The following outlines the terms of service by and between the CLIENT (the "Owner") and Made Right Media (the "Designer"), of 720 W. Idaho St. #32, Boise, Idaho 83702. 1. Description of the Services. The

More information

Software Licensing Basics: Key Elements of a Software License Agreement

Software Licensing Basics: Key Elements of a Software License Agreement Software Licensing Basics: Key Elements of a Software License Agreement Presenters: Dennis Clerke, CEO, Alignent Software Mark Lehberg, Partner, DLA Piper Rudnick Gray Cary US LLP Introductions Dennis

More information

ALM Works End-User License Agreement for Structure Plugin

ALM Works End-User License Agreement for Structure Plugin ALM Works End-User License Agreement for Structure Plugin IMPORTANT - READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single legal entity)

More information

END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT

END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or "Your") AND SLICKEDIT INC. ("SlickEdit"). SLICKEDIT IS WILLING TO (1) LICENSE THE SLICKEDIT

More information

END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT

END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT END USER USER-SUBJECT-TO- QUALIFICATION SOFTWARE LICENSE AGREEMENT For Access and Use of DRDPtech, software containing Desired Results Developmental Profiles 2010 (DRDP 2010) & DRDP (2015) 2014 Cloud Version

More information

Inject Design General Terms & Conditions

Inject Design General Terms & Conditions Inject Design General Terms & Conditions Latest Revision: April 2015 www.injectdesign.co.nz Content No. Contents Page No. 00 01 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 General Terms & Conditions

More information

CONTRIBUTION AGREEMENT VERSION 1.1

CONTRIBUTION AGREEMENT VERSION 1.1 CONTRIBUTION AGREEMENT VERSION 1.1 THIS CONTRIBUTION AGREEMENT (hereinafter referred to as Agreement ) is executed by you (either an individual or legal entity) ( Licensor ) in favor of Nokia Corporation,

More information

PLEASE READ BEFORE USING, DOWNLOADING, COPYING OR INSTALLING

PLEASE READ BEFORE USING, DOWNLOADING, COPYING OR INSTALLING PLEASE READ BEFORE USING, DOWNLOADING, COPYING OR INSTALLING SUMMARY The use and downloading of the SDK is subject to the signing of the TomTom Mutual NDA for Apps. The TomTom SDK Terms of Use are applicable

More information

Sycamore Leaf Solutions LLC

Sycamore Leaf Solutions LLC Sycamore Leaf Solutions LLC Terms of Service Terms of Service The Terms of Service for Sycamore Leaf Solutions ("Terms of Service") are effective immediately upon the User's acceptance of the Terms of

More information

Intellectual Property, Patents & Trademarks March 20, 2015. Big ideas SMU

Intellectual Property, Patents & Trademarks March 20, 2015. Big ideas SMU Intellectual Property, Patents & Trademarks March 20, 2015 Big ideas SMU Andrea Perez aperez@kesslercollins.com (214) 379-0742 1. Type of Intellectual Property Copyrights Patents Trademarks Trade secrets

More information

SOFTWARE LICENSE AGREEMENT

SOFTWARE LICENSE AGREEMENT SOFTWARE LICENSE AGREEMENT READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENCE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE USING THE STMICROELECTRONICS SOFTWARE COMPONENTS SUPPLIED

More information

PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE

PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE Pwnie Express and the end user customer or licensee (the Licensee ) agree that the

More information

Memorandum of Understanding

Memorandum of Understanding Document 1483A This document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information that appear on the web site is engaged in rendering

More information

Your Open Source Investment Know. Manage. Protect.

Your Open Source Investment Know. Manage. Protect. Using open source software provides a compelling business case, but if companies violate the software s licenses, the consequences can be more severe than they think. Open Source Risk Management s services

More information

"You" and "Your" refers to any person or entity that acquires or uses the Software or Documentation.

You and Your refers to any person or entity that acquires or uses the Software or Documentation. END USER LICENSE AGREEMENT-MiVOICE ENTERPRISE MANAGER CAREFULLY READ THE FOLLOWING AGREEMENT. INSTALLATION AND USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO

More information

EGENIX.COM COMMERCIAL LICENSE AGREEMENT

EGENIX.COM COMMERCIAL LICENSE AGREEMENT EGENIX.COM COMMERCIAL LICENSE AGREEMENT Version 1.1.0 1. Introduction This License Agreement is between egenix.com Software, Skills and Services GmbH ( egenix.com ), having an office at Pastor-Loeh-Str.

More information

COPYRIGHT, FREE AND OPEN SOURCE SOFTWARE AND ASSORTED GRAND. Steven P. Tapia Senior Attorney Microsoft Corporation

COPYRIGHT, FREE AND OPEN SOURCE SOFTWARE AND ASSORTED GRAND. Steven P. Tapia Senior Attorney Microsoft Corporation COPYRIGHT, FREE AND OPEN SOURCE SOFTWARE AND ASSORTED GRAND CONSPIRACY THEORIES Steven P. Tapia Senior Attorney Microsoft Corporation 2 The sound of people thinking too hard. 3 Why Are We Here? To promote

More information

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT This Webview Livescope Software Development Kit Developer License ("Agreement") between you, the "Developer" and the

More information

BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS

BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS IMPORTANT: READ THIS CAREFULLY BEFORE INSTALLING, USING OR ELECTRONICALLY

More information

Paychex Accounting Online Terms of Use

Paychex Accounting Online Terms of Use Paychex Accounting Online Terms of Use Paychex recommends that Client read the Terms of Use prior to using the Paychex Accounting Online Software ( Software ). If Client does not accept and agree with

More information

AB SCIEX LLC END USER SOFTWARE LICENSE AGREEMENT and LIMITED PRODUCT WARRANTY MarkerView Software, version 1.2.1

AB SCIEX LLC END USER SOFTWARE LICENSE AGREEMENT and LIMITED PRODUCT WARRANTY MarkerView Software, version 1.2.1 AB SCIEX LLC END USER SOFTWARE LICENSE AGREEMENT and LIMITED PRODUCT WARRANTY MarkerView Software, version 1.2.1 NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS THE CONTRACT BETWEEN YOU AND

More information

Eric F. Wagner Associate Director - Legal. Duke University Office of Licensing & Ventures eric.f.wagner@duke.edu

Eric F. Wagner Associate Director - Legal. Duke University Office of Licensing & Ventures eric.f.wagner@duke.edu Eric F. Wagner Associate Director - Legal Duke University Office of Licensing & Ventures eric.f.wagner@duke.edu Some Quick Facts about Duke 6,526 undergraduates 8,220 graduate and professional students

More information

A Guide To Conducting IP Due Diligence In M&A

A Guide To Conducting IP Due Diligence In M&A Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com A Guide To Conducting IP Due Diligence In M&A Law360,

More information

Merger Market M&A Insights: Spotlight on IP Rights. Bliss White, Partner, Blake, Cassels & Graydon LLP

Merger Market M&A Insights: Spotlight on IP Rights. Bliss White, Partner, Blake, Cassels & Graydon LLP Merger Market M&A Insights: Spotlight on IP Rights Bliss White, Partner, Blake, Cassels & Graydon LLP Brand Migration - Due Diligence and Contract Issues Challenges re IP due diligence Consequences of

More information

University of Edinburgh. School of Informatics. Intellectual Property and the Digital Age. Chris Martin

University of Edinburgh. School of Informatics. Intellectual Property and the Digital Age. Chris Martin University of Edinburgh School of Informatics Intellectual Property and the Digital Age Chris Martin Outline IP Basics what is IP? / IP ownership / protecting IP Copyright basics infringement / permitted

More information

PERFORCE End User License Agreement for Open Source Software Development

PERFORCE End User License Agreement for Open Source Software Development Perforce Open Source End User License Agreement Page 1 1. Introduction PERFORCE End User License Agreement for Open Source Software Development This is a License Agreement ( Agreement ) between Perforce

More information

C-DAC Medical Informatics Software Development Kit End User License Agreement

C-DAC Medical Informatics Software Development Kit End User License Agreement C-DAC Medical Informatics Software Development Kit End User License Agreement BY DOWNLOADING AND INSTALLING, COPYING OR OTHERWISE USING THE CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING ( C-DAC ) MEDICAL

More information

Intellectual Property Rights and Open Source Software licenses

Intellectual Property Rights and Open Source Software licenses Intellectual Property Rights and Open Source Software licenses Timo Tuunanen Intellectual property rights (IPR) IPR s Copyright (expression) Patents (invention) Trademarks IPR s are originally created

More information

OXFORD UNIVERSITY PRESS ONLINE JOURNALS: INSTITUTIONAL ONLINE AGREEMENT

OXFORD UNIVERSITY PRESS ONLINE JOURNALS: INSTITUTIONAL ONLINE AGREEMENT OXFORD UNIVERSITY PRESS ONLINE JOURNALS: INSTITUTIONAL ONLINE AGREEMENT IMPORTANT: BY COMPLETING THE ONLINE REGISTRATION MATERIALS, SIGNING AND SENDING THEM TO OXFORD UNIVERSITY PRESS (OR BY SELECTING

More information

Intellectual Property Issues for Asset Managers

Intellectual Property Issues for Asset Managers Intellectual Property Group January 2010 Intellectual Property Issues for Asset Managers In today s economy, an effective intellectual property (IP) strategy is increasingly important to success. Companies

More information

Rethinking Schools Limited Institutional Site License

Rethinking Schools Limited Institutional Site License Rethinking Schools Limited Institutional Site License This License Agreement ( License ) is entered into the day of [20 ] ( Effective Date ) between Rethinking Schools Limited, a Wisconsin Corporation,

More information

ADP Ambassador /Referral Rewards Program. Terms and Conditions of Use

ADP Ambassador /Referral Rewards Program. Terms and Conditions of Use ADP Ambassador /Referral Rewards Program Terms and Conditions of Use These Terms and Conditions ("Terms") are an agreement between ADP, LLC ("ADP"), on behalf of its Major Accounts Services Division ("MAS"),

More information