The use of software can be granted through appropriate licenses. It is important to distinguish whether the licensee is granted simple or exclusive usage rights.
IT law is not an independent legal field, but intersects with a variety of legal areas such as trademark law, competition law, data protection law, or copyright law. Particularly in the development and granting of software licenses, strong parallels emerge in IT law with copyright law, explains the business law firm MTR Rechtsanwälte, which also advises its clients in IT law.
The developer of software is also legally its author. This means that he also holds the copyright to the program, and the use of the software by third parties is prohibited without an appropriate license. The software developer can grant appropriate licenses for the use of the software. An essential aspect is whether the user is granted a simple or exclusive right of use.
Every computer user generally has a simple right of use for the utilization of standard software. They may use the software as contractually agreed but do not have this usage right exclusively. The simple usage right can also be granted to numerous other users. The scope of use can be determined in the license agreement and may be limited, for example, in terms of time or place. In practice, the software is often no longer purchased, but so-called downloading contracts are concluded, which allow the use of the software for a specified period.
Off-the-shelf software solutions are often not sufficient for companies. They need tailored solutions. In such cases, the software is specially developed for the customer and an exclusive usage right is usually granted. Since the specially developed software often still needs to be implemented into the already existing software environment, this is also often contractually agreed, as well as the maintenance of the software to ensure that the programs function smoothly.
Many other points can be contractually regulated. Core points that a software license agreement should contain include the scope of services, the duration, the number of users, and the costs.
Lawyers competent in IT law advise on software contracts.
