Software Agreements Line by Line. How to Understand & Change Software Licenses & Contracts to Fit Your Needs

5. Checklist of the Key Issues

The following is a checklist of the key issues presented in this chapter:

• Definition of "Licensed Software" broadened to include all releases, versions, updates, etc.

• License grant includes all entities and personnel who will be using the software. Licensee should include allowances for anticipated future expansion of the license.

• The scope of the license is broad enough to encompass all intended uses of the software (e.g., not merely limited to "internal purposes").

• The type of license, perpetual or term, is clearly identified. A perpetual license is preferred.

• The list of license restrictions has been reviewed and revised to ensure the licensee may use the software for all intended purposes.

• All license fees and costs are clearly defined. Payments limited to undisputed amounts, with no amounts deemed nonrefundable. Expenses limited to approved amounts.