Software Law

Software law refers to the legal remedies available to protect software-based assets. Software may, under various circumstances and in various countries, be restricted by patent or copyright or both. Most commercial software is sold under some kind of software license agreement.
In proprietary software, an end-user license agreement (EULA) or software license agreement is the contract between the licensor and purchaser, establishing the purchaser’s right to use the software. The license may define ways under which the copy can be used, in addition to the automatic rights of the buyer including the first sale doctrine
Many form contracts are only contained in digital form, and only presented to a user as a click-through where the user must “accept”. As the user may not see the agreement until after he or she has already purchased the software, these documents may be contracts of adhesion.
Software companies often make special agreements with large businesses and government entities that include support contracts and specially drafted warranties.
Some end-user license agreement form contracts accompany shrink-wrapped software that is presented to a user sometimes on paper or more usually electronically, during the installation procedure. The user has the choice of accepting or rejecting the agreement. The installation of the software is conditional to the user clicking a button labelled “accept”.