Software licenses are often complex documents comprised of multiple exhibits, schedules, and terms and conditions, co-authored by lawyers, sales people and engineers. And when disputes over the use of software arise, it is, accordingly, often not simple to sort out what the agreement says. I have written a post over at my law firm’s blog about a recent software copyright infringement case where although software’s end user license agreement (“EULA”) said it was the entire agreement, the court held that it could consider evidence outside the agreement about the term of the license (how long it was for). It’s a noteworthy read to remind us that clear drafting in software and technology agreements (and any kind of agreement for that matter) is crucial.
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