The Retail Software License is a fundamental document in software distribution, establishing the legal framework for commercial software use in the United States. This agreement is essential when software is being sold to end users, whether through direct sales or through resellers. It addresses key aspects including usage rights, intellectual property protection, liability limitations, and warranty terms while ensuring compliance with U.S. federal and state laws. The document is particularly important for protecting the software provider's intellectual property while providing clear terms for the end user.
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1. Parties: Identifies the licensor and licensee with full legal names and addresses
2. Background: Brief context about the software and purpose of the license
3. Definitions: Key terms used throughout the agreement including 'Software', 'License', 'User', etc.
4. Grant of License: Scope and nature of the license being granted
5. License Restrictions: Specific prohibitions and limitations on use
6. Intellectual Property Rights: Assertion of ownership and IP rights
7. Term and Termination: Duration of license and termination conditions
8. Warranties and Disclaimers: Standard warranties and limitations
9. Limitation of Liability: Caps on liability and exclusions
1. Maintenance and Support: Terms for ongoing support if offered - include when support services are included in the license
2. Data Protection: Privacy and data handling provisions - include when software processes personal data
3. Export Controls: Export compliance requirements - include when software may be used internationally
4. Third-Party Software: Terms relating to included third-party components - include when software includes third-party elements
1. Schedule 1 - Software Description: Detailed description of the software and its components
2. Schedule 2 - License Fees: Pricing structure and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and specifications
4. Schedule 4 - Acceptable Use Policy: Detailed rules for software usage
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