With intellectual property rights assuming greater importance in today’s world and licensing issues and developments constantly evolving, this updated edition is an essential resource for lawyers who need to understand software licensing. The guide 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 software development, cloud computing, professional services, and maintenance and support. Also discussed are software development kits (SDKs), application program interfaces (APIs), service level agreements (SLAs), and escrow agreements. The book focuses primarily on non-mass-market production licenses, as most "retail" or mass-market "off-the-shelf" software is governed by nonnegotiable "shrink-wrap," "browse-wrap," and "click-wrap" licenses.


Written in practical, user-friendly language, this book is cross-referenced to a model agreement, written from the perspective of both the licensor and the licensee. Customizable and easy-to-use model forms with alternative clauses to fit many perspectives and agreements are included in an online website.


New in the 7th Edition:





Practice Pointers: practical bullet point summaries and checklists of important issues in each chapter

4 new chapters

41 new forms (189 total) as well as new checklists and policies

Updated and expanded cloud computing chapter