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Sharing software bug fixes Licensing

Discussion in 'Copyright, Trademark, Patent Law' started by Bob Devine, Sep 22, 2021.

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  1. Bob Devine

    Bob Devine Law Topic Starter New Member

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    Jurisdiction:
    Florida
    Summary as follows:

    1. Software components in the programming language ecosystem I use are sold with source code to provide security for companies in case the component developer goes out of business.

    2. The licensees are software developers who incorporate the component into custom software we develop. By purchasing a license for the source code we ensure that we have some security going forward - if the developer goes out of business we can usually enhance the code ourselves and fix bugs.

    3. It makes more sense, however, for multiple developers to pool resources and share bug fixes. This can be done using so-called deltas - i.e. differences in the source code - hence ensuring we don't need to distribute the original files themselves.

    4. I purchased one such component with the source code several years ago.

    5. The IP for this component was subsequently purchased from the original developer by a Florida-based company several years ago. They initially promised that an alternative to the original component would be available but to this day they have not released one (several years later).

    6. This has had a significant impact on a few of the licensees businesses.

    7. Given that all licensees legally have the source code, and can modify it in any way they want (according to the license terms), we can get around the purchasers failure by enhancing the software ourselves.

    8. However, do we open ourselves up to legal action if we share bug fixes and new features that we pay a third-party to develop?

    The license a a very simple one (see below).

    Thank you for your help!

    License:

    <productName> Single Developer License
    DEFINITIONS

    "Software" means <productName> in any form (source code, object code, dll or other). The Software is the sole property of <authorname> (hereinafter "Author").

    "Source Code" means all source of the <productName>.

    "You" means the organization or individual that purchases the Source License Agreement.
    LICENSE

    This is a non-exclusive, non-transferable, non-sub-licensable license for the Source Code. You may not use the Software for any purpose other than stated in this

    license.

    You may integrate the Source Code with your applications and distribute these applications (executable programs) royalty free.

    You may not distribute any part of the <productName> source code under any circumstances.

    The Source Code may be used only by You. You may install and use one copy of the Source Code on any computer system you operate, as long as you can be sure that

    you are the sole user and that you only use the Source Code from one machine at a time.
    DELIVERY

    Software and any updates will be delivered electronically. You acknowledge delivery by downloading.
    COPYRIGHT NOTICE

    You agree not to remove or alter any of Author's copyright notices in the Source Code.
    NON-COMPETITION

    You agree not to create any software component product(s) that directly competes with <productName>, which utilizes all or any portion of <productName> and its

    related source code.
    CONFIDENTIALITY

    You agree not to disclose the Source Code to any third party for any reason.
    UPDATES AND UPGRADES

    Author will make available to You the Source Code corresponding to any updates and upgrades to the Source Code released by Author during 15 months following the

    effective date of this agreement. You are responsible for integrating any updates to the Source Code supplied by the author into modified versions that You have

    developed.
    SUPPORT

    Author will provide e-mail support to You for general questions about the Source Code for 15 months after the Effective Date. Author is not responsible for

    developing or debugging code.
    TERMINATION

    Author may terminate Your license if You fail to comply with any of the terms and conditions of this Agreement. On termination all copies of the Software and all

    of its component parts must be destroyed.
    DISCLAIMERS

    The Software is provided "as is" without any warranty of any kind, either expressed or implied. In no event will Author be liable for any loss of profit or any

    other commercial damage, including but not limited to special, incidental, consequential or other damages.

    The Effective Date of this Agreement is the date You receive access to the source code.
     
    Last edited: Sep 22, 2021
  2. army judge

    army judge Super Moderator

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    If these issues are burning holes in your cerebellum or cerebral cortex, pony up the bucks to retain an attorney licensed in the jurisdiction where you reside.

    Don't seek free advice from strangers and attempt to prevail in a legal proceeding.

    Now you're free to ignore everything this stranger has told you.

    Good luck, mate.
     
  3. Bob Devine

    Bob Devine Law Topic Starter New Member

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