Software License Agreement Who is Party A, Software License Use Contract

The software license contract is a kind of software rental contract, and the following is a software license contract, welcome to read. For more articles related to software use contracts, please pay attention to the contract template column. Rough game.

[Software Licensing Contract (1)].1.Intellectual Property Protection.

The copyright and ownership of the software ( are owned by ****. The software is protected by national copyright laws and international treaty provisions. The use of the trademark should be consistent with trademark practices, including consistency with the name of the trademark owner.

A trademark may be used solely to identify that software product. Such use of any trademark does not give rise to the ownership of the right to use that trademark. Except as set forth above, this Agreement does not grant you any intellectual property rights in the Software.

2.Use of Software.

You may: 1) use the software in accordance with the terms of this Agreement;

2) Portable and backup of the stool;

In different situations:

1. If the requirements provided by Party A are entrusted to Party B to develop, and Party B's own technology can be completed, there is no authorization problem.

2. The requirements provided by Party A are entrusted to Party B to develop, Party B uses third-party technology (such as some controls and middleware), and there are third-party intellectual property problems, and there should be a third-party license (that is, spending money to use it legally, except for open source), and there may be third-party authorization problems.

3. If Party A uses the software with Party B's existing intellectual property rights, and both parties have a sales contract, it is naturally used legally, and there is generally no need to emphasize the authorization issue.

4. If Party B is the first supplier or integrator of software products (such as Microsoft, etc.), and Party A emphasizes the legalization, Party B shall provide Microsoft's authorization (license).

Don't give points! 】

It doesn't seem to be a score at all, so I'll give you an endorsement to get some experience.

Contract Formation Process:

1) The two parties negotiate the content of the contract;

2) Draw up a written contract based on the content of the negotiation;

3) Inspect the relevant documents and materials of both parties;

4) The parties shall sign or affix their seals and keep a copy of each.

1. How long is the term of software copyright protection?

Article 14 of the Regulations on the Protection of Computer Software stipulates that software copyright shall arise from the date of completion of software development.

The term of protection of the software copyright of a natural person is the life of the natural person and 50 years after his death, ending on December 31 of the 50th year after the death of the natural person; The software was developed collaboratively as of December 31 of the 50th year after the death of the last deceased natural person.

The term of protection of the software copyright of a legal person or other organization is 50 years, ending on December 31 of the 50th year after the software is first published, but if the software is not published within 50 years from the date of completion of development, these Regulations shall no longer protect it.

Second, the application process of software copyright.

1) Before applying for software copyright, it is necessary to consult whether there is the same or similar soft infiltration good front part has applied for software copyright, if not, enter the next step;

2) The applicant fills in the software copyright application form online and prepares relevant information;

4) After the review of the Association, the approved Association will submit it to the Copyright Center, otherwise the Association will reject the application and inform the materials that need to be supplemented and corrected at one time, and the applicant will supplement and resubmit the materials that need to be supplemented and corrected;

5) The application materials submitted by the Cong Shu Association to the Copyright Center will be further reviewed, and if the review is passed, the registration certificate will be sent to the Association, otherwise the materials will be returned to the Association for review, if the required materials are insufficient, the Copyright Center will notify the Association at one time, requiring the applicant to make corrections and re-review;

1. First of all, it is necessary to determine the meaning of intellectual property.

Intellectual property is the ownership of the results of intellectual labor, which is an exclusive right granted to qualified authors and inventors or owners of results for a certain period of time in accordance with the laws of various countries.

1) Copyright.

Copyright, also known as copyright, refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons or other organizations in accordance with the law over literary, artistic and scientific works. It mainly includes copyright and related rights related to copyright; Usually we talk about intellectual property rights mainly refers to computer software copyrights and work registration.

2) Industrial property rights.

Industrial property rights refer to an intangible property right of practical economic significance in industry, commerce, agriculture, forestry and other industries, so the name "industrial property rights" is more appropriate. It mainly includes patent rights and trademark rights.

2. That is to say, the intellectual property rights originally include the scope of software copyright, so in this case, Party B cannot apply for the copyright of the software;

3. Generally, everyone will say that intellectual property rights only refer to patents, in which case Party B can apply for software copyright.

Copyright is a kind of intellectual property rights, and the copyright of the software shall be applied for by the copyright owner Party A in accordance with the agreement.

If you agree.

1.The software copyright has not been registered, and it can be jointly applied for in the name of both parties2The copyright of the software has been registered, and it can be transferred by Party A to Party A, jointly owned by Party B, or transferred by Party A to Party B.

If you do not agree.

Party B cannot apply.

Summary: Carry out relevant handling on the basis of negotiation between the two parties to avoid unnecessary troubles in the later stage.

Copyright is an intellectual property.

Can Party B apply for a technology development contract? --Of course, the requirements are put forward by Party A, and software development belongs to the technical category.

Does it affect the attribution of copyright? --It is agreed by both parties. It is generally publicly owned by both parties; and owned by Party B.

Generally, government agencies and enterprises entrust the development of software to ask for copyright in order to report scientific and technological achievements, which will not affect the resale of Party B's software products, and there is no loss to Party B, so Party B will generally agree.

If Party A is not interested in the issue of copyright, it is naturally Party B's.

In extreme cases, there are also exclusive cases of Party A, such as special software involving secrets.

Remember! Everything is subject to agreement!

In accordance with the provisions of the law, the ownership of the copyright of the jointly developed software shall be determined in the following manner:

1. The ownership of the copyright of software developed by two or more natural persons, legal persons or other organizations shall be stipulated in a written contract signed by the cooperative developer.

2. If the software developer who has jointly completed the development has no written contract or the contract does not expressly stipulate that the jointly developed software can be used separately, the developer can separately enjoy the copyright of the part developed by each other; However, when exercising copyright, it shall not extend to the copyright of the software developed jointly as a whole.

3. If the cooperatively developed software cannot be used separately, its copyright shall be jointly enjoyed by all cooperative developers and exercised through consensus; If there is no consensus and there is no justifiable reason, neither party shall prevent the other party from exercising other rights other than the right of transfer, but the proceeds shall be reasonably distributed to all co-developers.

It is sufficient to clarify the ownership of copyright, the right of use, and the scope of priority use or authorization.