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An end-user license agreement or EULA (/ ˈ j uː l ə /) is a legal contract between a software supplier and a customer or end-user. The practice of selling licenses to rather than copies of software predates the recognition of software copyright , which has been recognized since the 1970s in the United States.
Software licensing agreements usually prohibit resale, enabling the company to maximize revenue. [13] Traditionally, software was distributed in the form of binary object code that could not be understood or modified by the user, [9] but could be downloaded and run. The user bought a perpetual license to use a particular version of the software ...
Fair use rights take precedence over the author's interest. Thus the copyright holder cannot use a non-binding disclaimer, or notification, to revoke the right of fair use on works. However, binding agreements such as contracts or licence agreements may take precedence over fair use rights. [33]
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right (usually a patent) that is, or may become, essential to practice a technical standard. [1]
While fair use in the United States is popularly understood as the only limitation to an author's exclusive rights, it is only one of several important limitations. Section 106 of the U.S. copyright law, which defines the exclusive rights in copyrighted works , is subject to sections 107 through 122 , which limit the copyright holder's ...
Many companies began to claim that they "licensed" but did not sell their products, in order to avoid the transfer of rights to the end-user via the doctrine of first sale (see Step-Saver Data Systems, Inc. v. Wyse Technology). These software license agreements are often labeled as end-user license agreements .
In 2019 MongoDB used these rights granted by its CLA to achieve a move to a non-open-source license. [5] In January 2021, the Elasticsearch project used such rights to move the project to a non-open-source license [6] arguing Amazon had been "misleading and confusing the community". [...] Our license change is aimed at preventing companies from ...
The Open Source Definition allows for further restrictions like price, type of contribution and origin of the contribution, e.g. the case of the NASA Open Source Agreement, which requires the code to be "original" work. [3] [4] The OSI does not endorse FSF license analysis (interpretation) as per their disclaimer. [5]
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