A Practical Guide to Software Licensing for Licensees and Licensors, 5th Edition

With the passage of the America Invents Act and evolving licensing issues and developments, this book is an essential resource for lawyers who work with clients and business transactions in this arena. The latest Fifth Edition examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as soft ware development, cloud computing, professional services, and maintenance and support. It primarily focuses on non-mass market agreements, since most "retail" or mass market "off-the-shelf" software is governed by non-negotiable "shrink-wrap," "browse-wrap," and "click-wrap" licenses. Nonetheless, the principles of software licensing are the same for shrink-wrap, browse-wrap, click-wrap, and custom-developed software.

Written in practical, easy-to-understand language, this book is cross-referenced to a model agreement. It is written from the perspective of both the licensor and the licensee and includes model forms with alternative clauses to fit many perspectives. The CD-ROM is a great companion filled with numerous customizable and easy-to-use forms and agreements.

The Fifth Edition includes new and updated content such as:

• The Negotiation and Contracting Process (extensively updated chapter)

• Terminology of a License Grant (extensively updated chapter)

• Ancillary Clauses (new chapter)
• Free and Open Source Software (extensively new chapter)

• Maintenance and Support (new chapter)

• CD-ROM featuring updated model forms and agreements