For a major update, the customer must purchase an upgrade if it is not included in the maintenance contract. For a maintenance renewal, some manufacturers charge a monthly retroactive reintroduction fee (reintroduction fee) in the event of maintenance expiry. Forms often prohibit users from reverse engineering. It can also make it more difficult to develop third-party software that collaborates with the software conceded, thereby increasing the value of the publisher`s solutions by reducing customer choice. In the United States, the provisions of the CLUE may prejudge engineering inversion rights, which are implied by fair dealing, c.f. Bowers v. Baystate Technologies. SaaS solution providers are even less likely to provide source code than local licensees.
For critical saaS applications, you should consider a backup resource like Iron Mountain`s SaaSProtect or, as mentioned above, a trust agreement for the source code. If the licensee has a separate development/support system and/or a backup site, make sure that the appropriate installation, reproduction, use, testing and/or adaptation rights are included. If the license indicates a site, it must be clear that the licensee may change location (at least at any location within the U.S. and other predefined sites) by notifying the licensee. (If they require prior notification, make sure there is an exception for emergencies).) 22.2. Force majeure. Neither party is held liable to the other party for any delay or non-compliance with an obligation of this Agreement (excluding non-payment of royalties) where the delay or failure is due to events that are not subject to the proper control of that party, such as strike, blockade, war, terrorist act, earthquake, natural disasters, failure or reduction of electricity or telecommunications or data networks or services, or refusal of a license by a government authority. “Licence” refers to the license that the donor issues to the licensee for the use of the software and documentation, in accordance with the terms of this agreement.
The agreement should be clear on what the donor will provide (for example. B for local licenses, the licensee may be required to provide computer media containing the program in an executable form or, more likely these days, a password-protected website for downloads, as well as user documentation of sufficient quality and completeness to enable a competent user to run the program). It should also be clear when they should be delivered or made available. An example of a free software license co