• Will the licensed technology be used by the entire enterprise or just a small group within the company?
• Will access be permitted through mobile devices?
• Is the number of users limited?
• How broadly may “permitted uses” be defined?
• Are you limited to only use the software on specified hardware or servers?
You may also want to consider negotiating, in advance, any additional fees that may have to be paid in the future should the scope of your company’s use change. For example, how much would it cost to add additional users or facilities? Other licensing and use considerations:
• Is the license exclusive or non-exclusive?
• Does the license include the parent, subsidiaries or affiliates?
• How are affiliates defined?
• Do you get the source code that will allow you to maintain and modify the software or just object code?
• Distribution rights, if any, and extent?
• Rights to make modifications and derivative works yourself or with a third party? • Right to allow system or software applications to be outsourced for operation by a third party?
• Rights to enhancements and updates as well as new releases?
• Does license accommodate your disaster recovery plan and ability to use third parties to host or maintain the software?
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