Software Dealer Agreement

VII. ROYALTIESThere are several alternatives available to a software licensor for pricing its software in a distribution program. The choice of any of the options listed below may depend on the negotiating strength of the parties, the development costs associated with the software, the number of competitors in the market or the expectations of the end customers. In addition to making other pricing agreements available, the following section explains the legal considerations for pricing, especially in light of the requirements of antitrust law.A. Alternatives Nevertheless, you should not be alone after the sale, especially if these are recurring services that you sell. The provider must be ready and willing to intervene when the end user encounters a problem with their software or service. You should also be responsible for maintaining and updating the software. Their role as resellers should only be to resell the products and services. The reseller does not have the technology to successfully run the software The more you get out of the reseller software contract, the better. If you are the one who needs to help end users install the software, provide training, and offer additional services, you should be aware of this from the start. II. VARIATIONS IN SOFTWARE DISTRIBUTION AGREEMENTSA.

Standard Distribution Agreement – A contract that gives a third party the rights to distribute computer software packaged by the supplier and marketed as a standard product.B. OEM Agreement – A contract that allows the OEM to pool a software program with another product (hardware or software) by possibly granting a right to reproduce computer software through a chain of master disks and/or the own brand of the bundled software or product. C Distribution Agreement for Enterprises – A volume licensing agreement that allows a large user to copy the software and associated documentation by the vendor with provisions regarding updates and improvements and possible training by the vendor or distributor.D. Site Licensing Arrangement – An agreement that allows for the widespread distribution of software by a user within a defined user community and that may grant rights of reproduction of software and documentation. Independent Contractor / Distribution Re presentative Agreement – A relationship in which an independent third party seeks potential distributors, distributors, OEMs, OEMs, resellers or government personnel wishing to acquire licensing and/or distribution rights for a software product on the basis of a software operating system.F. Development Agreement – Contract in which a third party has rights for the creation of works of Derivatives of software and/or documentation generally obtains associated distribution rights and specific reference to the ownership of derivative products.G. Operating system development agreement – similar to the development agreement, but with significant restrictions with regard to the use of the source code and the distribution of the modified product.H. International distribution – Specialized distribution agreement with reservation I. Online distribution agreements – agreements concluded electronically and which in many cases do not comply with fraud rules. Clickwrap agreements would fall into this category. Please note the ProCD case as well as the documents relating to Article 2B.J. UCC Website Development Agreements – Specialized development agreement for Internet-based products, which would include website hosting and content design agreements.

III. COMMON PROBLEMSSA basis for a review of cases over the last ten years, several recurring problems arise in the context of software distribution agreements and contract design. . . .

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