Are you in the process of evaluating software solutions for your business, or a software provider seeking a seamless evaluation process for your clients? We understand that navigating the legalities of software evaluation can be daunting. That's why we've created a comprehensive software evaluation licence agreement template to simplify the process for you.
What is this software evaluation licence agreement template?
A software evaluation licence agreement template outlines the terms and conditions under which a business can assess the software provider’s software functionality before a software licence agreement is signed.
A software evaluation licence agreement template gives a customer the right to test a supplier’s software without breaching the supplier’s rights in that software.
Why should I document software evaluation?
Ensuring clarity and transparency: When customers assess which type of software is right for their business, it is important to clearly set out the terms of their use of that software, before they commit to purchasing the software for future use. If the terms of a software evaluation licence agreement are not clearly written and agreed upon, this can lead to uncertainties that can hinder the evaluation process. By defining the terms of the evaluation licence, both the software provider and the company evaluating the software know exactly what to expect.
Protecting rights in the software: When sharing software for evaluation, there are inherent risks involved. A well-detailed software evaluation licence agreement establishes clear usage boundaries, safeguarding the software provider's IP from unauthorised replication or distribution. These rules and restrictions enable software providers to share their software confidently, ensuring the protection of their intellectual property throughout the evaluation process.
This software evaluation licence agreement template sets out clear rules and restrictions on the use of the software by the business evaluating the software. A software provider’s intellectual property (IP) is often one of its most valuable assets - that’s why we’ve created this handy guide for suppliers to protect their business and mitigate risk when it comes to software IP.
Know how long the evaluation licence lasts: For both parties, it is important to clearly understand how and when the licence to evaluate the software could come to an end to avoid an unexpected, abrupt stop, even if the customer is still evaluating the software, so this should be documented in a software evaluation licence agreement (as provisions relating to term and termination rights).
Whether you’re a software provider or you're planning to evaluate software for your business, these agreements play a crucial role in defining the terms and conditions of usage during the evaluation period, while protecting the interests of both parties involved. To equip yourself with a more in-depth knowledge of software licensing agreements that are entered into after the evaluation period, read this guide created by our legal experts.
What information does this software evaluation licence agreement template include?
Key provisions: This software evaluation licence agreement template contains key provisions in relation to:
- key details of the evaluation licence;
- restrictions on the use of the software;
- intellectual property right protections;
- the charging structure and payment terms;
- limitations of liability; and
- software warranties and disclaimers.
When drafting your own software evaluation licence agreement template, take a look at our blog delving into the essential clauses to include.
This software evaluation licence agreement template assumes that the parties are contracting B2B, that they are incorporated in the UK, and that English law applies.
Customised to meet your needs
Tailored to protect your interests: This software evaluation licence agreement template contains alternate clauses depending on whether you are the supplier of software (known as the licensor) or the customer receiving the software (known as the licensee).
What are the differences: For example, in the pro-customer / pro-licensee optional clauses, there is the freedom to define a wide scope of use in order to avoid unintentionally limiting the ways in which the software can be used by the customer. However, in the pro-supplier / pro-licensor optional clauses, use of the software can be restricted to certain locations (e.g. to the customer’s own premises only) and to hardware (e.g. to specified hardware which is defined in the software evaluation licence agreement), and by a specified number of users, in order to keep control over how the software is being used.
Other software agreements
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When should the software licence agreement be used: If the customer has either evaluated the software and/or decided they would like to obtain a licence to use and run the software from their own network or systems, use our Software Licence Agreement template.
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When should the SaaS agreement template be used: If the software is being accessed from the supplier’s systems (or via a cloud-based platform), as opposed to via the customer’s system the template Software as a Service Agreement would generally be more appropriate.
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When should a EULA be used?: In addition to granting a software licence to a business customer, software providers often ask individual end users to agree to an End-User Licence Agreement (EULA). A EULA is a contract between the software provider and the end user that outlines the terms and conditions for using the software. For more information about the key differences between software licence agreements and EULAs, check out this comprehensive guide.
If you will be developing, or engaging a developer to create software, applications or websites, check out these templates:
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Software development: If you will be developing software or engaging a developer to create bespoke software for your business, our software development agreement template would be a suitable template. It covers all the essential aspects of the agreement, ensuring clarity and protection throughout the development process. Whether you are hiring a developer or undertaking the development yourself, this template will provide a solid foundation for your software project.
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Mobile application development: If you will be developing mobile applications, our mobile app development agreement template would be an appropriate template to use.
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Website development: If you are diving into website development, check out our website development agreement template would be a great template for you.
The software that is being supplied under this software evaluation licence agreement template comes “as is” (or “off the shelf”) and does not require significant development to adapt it to the customer’s needs, so you should not use this document if you want a more bespoke arrangement.
Why Docue?
Easy to use: With Docue, you can create a top-quality software evaluation licence agreement in minutes. The software evaluation licence agreement template includes model clauses designed by our technology lawyers to help you draft the contract yourself and tailor it to your needs.
Organised: Signatures can be collected electronically, and all contracts you make are saved in your company's own contract account in Docue Drive. This means all your contracting needs are taken care of in one place.
Transparent pricing: At Docue, we believe in transparent and cost-effective pricing without any hidden fees. You can check out our pricing here.
Sign up with Docue and see how easy it can be to create a professional-quality contract in no time.
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