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Gullanian View Drop Down
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    Posted: 12 December 2003 at 12:43pm
Im not lawyer, I know jack!  Ive made some software and a company would like to evaluate it before they decide to resell it.  Are their any ready made liscences out there for evaluations, only allowing user to install on one server for 2 weeks and must be destoryed afterwards etc etc?  If I just bullet pointed out what I want, would it be laughed at?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmormr Quote  Post ReplyReply Direct Link To This Post Posted: 12 December 2003 at 2:47pm
write in the license agreement... THIS SOFTWARE IS ALLOWED TO BE INSTALLED ON ONE SERVER FOR TWO WEEKS. If it is not destroyed at that time, prosecution in the court of law will take place.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zMaestro Quote  Post ReplyReply Direct Link To This Post Posted: 12 December 2003 at 3:48pm

I think there are softwares for making demo versions of the softwares. allowing running for certain period or certain number of times.

 

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God_Struth View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote God_Struth Quote  Post ReplyReply Direct Link To This Post Posted: 12 December 2003 at 7:10pm
Originally posted by Gullanian Gullanian wrote:

If I just bullet pointed out what I want, would it be laughed at?



Absolutely not, simply detail what they can and cannot do with the software in any given period and hold them to it, ensure they sign and agree to some sort of contract*.

Can you disable any parts so they would need to buy the full version?

That would be simpler than going to the trouble of writing/buying something to do almost the same task..



* Courts, at least here in the UK, take creative rights very very seriously, if someone messes with you over something you have developed the courts would show little mercy over here. The laws on your side, so dictate what they can and cannot do in writing and you'll be fine!!
"I'm only trying to help......"
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Gullanian View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gullanian Quote  Post ReplyReply Direct Link To This Post Posted: 13 December 2003 at 8:32am

Ok cheers for your help, hows this sound?

iAXX.com LIVE SUPPORT EVALUATION LICENSE AGREEMENT
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.


DEFINITIONS
The term "SOFTWARE" shall mean the computer programs, associated data files, and support material including, documentation, manuals, specifications, and training materials related thereto.
The term "USER" shall mean the company evaluating SOFTWARE.
This License governs use of the accompanying SOFTWARE, and USERS use of the SOFTWARE constitutes acceptance of this license.

TERMS OF USE
USER may use this SOFTWARE solely for the purpose of evaluation for the period of 30 days from the date the SOFTWARE was delivered. This license entitles USER to install the SOFTWARE on one server. Multiple computers may access SOFTWARE for purposes of evaluation and testing, but SOFTWARE must be out of reach from public domain.

Title, ownership rights, and intellectual property rights in the SOFTWARE shall remain in iAXX. SOFTWARE are protected by copyright and other intellectual property laws and by international treaties.

USER shall not (i) permit any third party to use SOFTWARE; (ii) modify or change SOFTWARE; or (iii) decompile, disassemble or otherwise reverse engineer SOFTWARE.

USER may not use or distribute this SOFTWARE or any derivative works in any form for commercial purposes. Examples of commercial purposes would be running business operations, licensing, leasing, or selling SOFTWARE, or distributing SOFTWARE for use with commercial products.

USER agrees:

  1)  Not to remove any copyright or other notices from the SOFTWARE.

  2)  Not to distribute this SOFTWARE, or any part of it in any shape or form

  3)  THAT THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT

  4)  THAT iAXX WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR THIS LICENSE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON.

  5)  That if USER sues anyone over patents that you think may apply to SOFTWARE or anyone's use of SOFTWARE, your license to the SOFTWARE ends automatically.

  6)  That USER rights under the License end automatically if USER breaches it in any way.

  7)  Any legal disputes arising as a consequence of SOFTWARE will be dealt with by the United Kingdom legal system

  8)  iAXX reserves all rights not expressly granted to USER in this license.

COMPLETION OF EVALUATION.
Upon completion of the evaluation, USER shall: (1) acquire from iAXX a license to continue using SOFTWARE; or (2) destroy all copies of SOFTWARE and all data derived from software trial, including backup copies and notify iAXX that such actions have been completed.

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michael View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote michael Quote  Post ReplyReply Direct Link To This Post Posted: 13 December 2003 at 8:56am
Sounds good BUT be careful. Most companies Notarize their License agreements and something tells me you did not just write that down more of copied it from somewhere. Make sure from whereever you got it, that it does not have a Copyright, they can really get you for that/
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Gullanian View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gullanian Quote  Post ReplyReply Direct Link To This Post Posted: 13 December 2003 at 9:16am
ohhhhhh ok, yeah i just snippeted bits from other liscences, ok ill rephrase it all
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God_Struth View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote God_Struth Quote  Post ReplyReply Direct Link To This Post Posted: 13 December 2003 at 9:30am
Originally posted by Gullanian Gullanian wrote:

Title, ownership rights, and intellectual property rights in the SOFTWARE shall remain in iAXX. SOFTWARE are protected by copyright and other intellectual property laws and by international treaties.




That would be my first comment in the contract but word it to be more specific to your software and company.

Since we don't know what your software does/is, its a little difficult to offer more specific advice but your on the right track so far.

Try not to plagerize someone elses copyright too much, you need to be specific to what it is your offering and the constraints your applying.

"I'm only trying to help......"
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