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About the Book
With the passage of the America Invents Act and evolving licensing issues and developments, this book is an essential resource for lawyers who work with clients in this arena. The latest Fifth Edition examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. It primarily focuses on non-mass market agreements, since most "retail" or mass market "off-the-shelf" software is governed by non-negotiable "shrink-wrap," "browse-wrap," and "click-wrap" licenses. Nonetheless, the principles of software licensing are the same for shrink-wrap, browse-wrap, click-wrap, and custom-developed software.
Written in practical, easy-to-understand language, this book is cross-referenced to a model agreement. It is written from the perspective of both the licensor and the licensee and includes model forms with alternative clauses to fit many perspectives. The CD-ROM is a great companion filled with numerous customizable and easy-to-use forms and agreements.
The Fifth Edition includes new and updated content such as:
The Negotiation and Contracting Process (extensively updated chapter)
Terminology of a License Grant (extensively updated chapter)
Ancillary Clauses (new chapter)
Free and Open Source Software (extensively new chapter)
Maintenance and Support (new chapter)
CD-ROM featuring updated model forms and agreements
Praise for A Practical Guide to Software Licensing, 5th Edition
"I would like to extend my appreciation to H. Ward Classen, Esq. and his co-authors on the masterful work they produced in the 5th Edition of A Practical Guide to Software Licensing for Licensees and Licensors. As we all strive to be as efficient as we can in serving our clients in these fast changing areas of the law, this work is a most useful tool for which I am extremely grateful. I thank your attorney authors for guiding us in a wonderfully well-written way."
Bryan F. Hickey, Esq. Haynsworth Sinkler Boyd, P.A. Greenville, SC