Licences for selling software and downloaded products
If you own a physical product, you can sell it only once. Not so with intellectual property. In law, you “sell” a right to use software or a downloaded product by way of grant of a licence. Every T&C document drawn for a site that allows use of its intellectual property includes a licence in some form. So whenever in these
T&C documents, we consider the sale of software or soft-copy goods we are dealing with a licence, not an outright sale.
Limitations and permissions on licences
Permissions concern simple expressions of duration, territory, market, timescale, and so on. Limitations generally cover what your customer is not allowed to do. Examples are: transfer ownership of his licence to someone else; copy text; allow anyone else to use the software. These points are matters for your choice.
A licence is infinitely variable. You can decide on the term, exclusivity, market, transferability, extent and many more variables. Other options include: sub-licensing, removing ID references and prohibited uses.
Every licence in these documents contains appropriate limitations and permissions. The extent and terms of the licence varies from simple to extremely thorough. What we provide in each licence varies according to the requirement of the product. You can delete what you do not need and add anything referable to your particular business.
Licence terms in these documents are:
-
professionally drawn and tough in law
-
useful for both business to business or business to consumer transactions
-
easy for you to adapt if you need to do so
The law in these terms and conditions templates
The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities and risk. Provided you comply with the law, you can set the commercial terms you like.
Where your end customer is a consumer, you need to comply with the consumer laws. We have included relevant provisions in our templates that enable you to comply with the law and run your business seamlessly.