Hello,
I have a question relating to a software product (created by me) that is designed as an add-on/enhancement to another software product (which I do not own).
- My product's enhancements include providing completely new functionality, adding to existing functionality, improving ease of use, enabling remote access via a custom web application, creating supplemental information on their product, and providing additional value in general.
- My product tries to fit in with the general style of their product so that it can provide a consistent experience to the user. It makes references to things within their product (e.g. referring to potentially copyrighted names, terminology, images, navigatable locations within it, and so on) for illustrative/descriptive purposes in the documentation and in order to implement the enhancements (e.g. new items in a menu may use their icons for consistency). Some of these materials are shown outside of their application window, for example during remote access of their application.
- My product makes absolutely no 'physical' changes to their product (it 'sits next to' their product), except temporarily during runtime when the enhancements are applied.
After discovering some previously unknown details in their EULA (End User License Agreement), I am now unsure whether my software is entirely legal and what my rights are.
- Their EULA states that I have to "agree not to commercially exploit the software". Does this mean that I can not create something separate/independent from scratch to enhance it? Is it significant that my product has no purpose without their product?
- They further require me not to "decompile, disassemble, or prepare derivative works based on, or otherwise modify the software, in whole or in part". Does this prevent me from creating an add-on, or are they referring to someone changing and repackaging their product as something else? I do have to partially decompile their product only for the purpose of finding a suitable location to 'hook'/attach my product to (since they do not natively support add-ons).
My concerns are related to whether I have the right to create and sell an add-on/enhancement for something I do not own, and whether it can reference potentially copyrighted materials for its operation? The enhancements are completely original/different from the features contained in their product. My product can not possibly damage their sales as it is dependent on their product and its sole purpose is to improve it. If anything, it would boost their sales.
Thank you in advance for any help or advice that you can give me.
I have a question relating to a software product (created by me) that is designed as an add-on/enhancement to another software product (which I do not own).
- My product's enhancements include providing completely new functionality, adding to existing functionality, improving ease of use, enabling remote access via a custom web application, creating supplemental information on their product, and providing additional value in general.
- My product tries to fit in with the general style of their product so that it can provide a consistent experience to the user. It makes references to things within their product (e.g. referring to potentially copyrighted names, terminology, images, navigatable locations within it, and so on) for illustrative/descriptive purposes in the documentation and in order to implement the enhancements (e.g. new items in a menu may use their icons for consistency). Some of these materials are shown outside of their application window, for example during remote access of their application.
- My product makes absolutely no 'physical' changes to their product (it 'sits next to' their product), except temporarily during runtime when the enhancements are applied.
After discovering some previously unknown details in their EULA (End User License Agreement), I am now unsure whether my software is entirely legal and what my rights are.
- Their EULA states that I have to "agree not to commercially exploit the software". Does this mean that I can not create something separate/independent from scratch to enhance it? Is it significant that my product has no purpose without their product?
- They further require me not to "decompile, disassemble, or prepare derivative works based on, or otherwise modify the software, in whole or in part". Does this prevent me from creating an add-on, or are they referring to someone changing and repackaging their product as something else? I do have to partially decompile their product only for the purpose of finding a suitable location to 'hook'/attach my product to (since they do not natively support add-ons).
My concerns are related to whether I have the right to create and sell an add-on/enhancement for something I do not own, and whether it can reference potentially copyrighted materials for its operation? The enhancements are completely original/different from the features contained in their product. My product can not possibly damage their sales as it is dependent on their product and its sole purpose is to improve it. If anything, it would boost their sales.
Thank you in advance for any help or advice that you can give me.
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