Avoid License to “Use” Software.

By David Tollen

This post was first published by Tech Contracts Academy. View here.

A lot of software licenses grant the recipient the right to “use” software. But the use license springs from a misunderstanding of copyright law. As a result, it’s not clear. A use license may give broader rights than the provider intends or narrower rights than the recipient needs. I’m going to suggest a better, simpler way to draft licenses. (This post expands on a point made in The Tech Contracts Handbook—something that comes up in many of my trainings.)

Why does anyone need a license to software?

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David Tollen is the author of The Tech Contracts Handbook (ABA Publishing 2015), founder of Tech Contracts Academy, practices law with Sycamore Legal, and an advisor to LegalSifter.