Overview

Whether licensing software to end users, designing and licensing custom technology to a key customer, or developing a new medical device requiring registration with the FDA, we analyze your technology, draft the right agreements and make required regulatory filings.


Detail

INTELLECTUAL PROPERTY LICENSING

We draft intellectual property license, assignment and sale agreements to capitalize on, and protect the value of, your intellectual property.

TERMS OF SERVICE/USE AND END USER LICENSE AGREEMENTS (EULA)

A Terms of Service/Use or EULA contains the terms governing a service or software and limits a company’s liability. However, these agreements must be implemented correctly to be enforceable. We draft Terms of Service/Use and End User License Agreements to protect your company’s rights and interests and advise on implementation from a UI/ UX perspective to ensure end users are bound to these agreements.

SOFTWARE AS A SERVICE

SaaS requires a Terms of Service agreement reflecting the provision of a service instead of the license of software. We prepare SaaS-centric Terms of Service agreements to protect your rights and interests while ensuring that your users are bound by the terms.

MEDICAL DEVICES

Software or hardware that has a health component may constitute a medical device in the U.S. and Canada. We review client technology and guide clients through U.S. and Canadian regulatory requirements to ensure their technology complies with all medical device regulations.

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Process

IF YOU’RE LICENSING SOFTWARE:

End User License Agreement (EULA). The EULA contains a license to computer code downloaded by the end user. For example, selling a video game.

IF YOU’RE PROVIDING A SERVICE:

Terms of Service. The Terms of Service contains a right to access a service but no software is downloadable by end users. For example, providing an online platform.

IF YOU’RE LICENSING SOFTWARE AND PROVIDING A SERVICE:

A Terms of Use containing both a software license and a right to access a service. For example, a service accessible from a website and downloadable application.

RELEVANT ARTICLES

IP Licensing Terms to Watch for
End User License Agreement vs Terms of Service – When does each apply?
Implementing Terms of Service and Other Electronic Agreements