Shrink-Wrap License for Software

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Agreement is between a software developer and software purchaser which creates a limited, non-exclusive license for the use of software.

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This Shrink Wrap License Agreement creates a limited non-exclusive license between the software developer and the purchaser which allows the purchaser to use the software in the manner described in the license. This type of license agreement permits installation of the software on more than one computer and does not require a signature in order to be enforceable. It is important that this license agreement be memorialized in writing in the event of misunderstandings or disagreements.

Among others, this Shrink Wrap License Agreement includes the following:
  • Parties to the Agreement: Contains the identity of the licensor and if a corporation, the state of incorporation;
  • Limited Nonexclusive License: Acknowledges that the software developer remains the owner of all rights and interests in the software;
  • Limited Warranty: Sets forth the period of warranty after delivery of the software;
  • Limited Remedy: Sets forth the exclusive remedy in the event of breach of the limited warranty;
  • Termination: The license agreement will be terminated if the license agreement is breached.

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This attorney-prepared packet contains:
  1. General Instructions
  2. Shrink Wrap License Agreement
State Law Compliance: This form complies with the laws of your state.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Shrink Wrap License Agreement

 

"You" means the person or company identified below, who is being licensed to use the "Software" identified in the title of this License Agreement. "We" and "us" means [Licensor Name], a [State of Licensor (ie. California)] corporation.
Limited Nonexclusive License
You acknowledge that you are acquiring only a limited nonexclusive license to use the Software (the "License"). We remain the owner of all right, title, and interest in the Software and in any copies of it.
The License permits you to install the Software on more than one computer system, e.g., a desktop computer and a laptop computer normally used by the same person at different times, provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system.
You may make a reasonable number of backup copies of the Software solely for backup purposes.
You agree not to make nor to permit the making of copies of the Software (including its documentation) except as authorized by this License Agreement or otherwise authorized in writing by us.
You agree not to engage in nor to permit the decompilation, disassembly, or other reverse engineering of the Software.
Limited Warranty
We warrant to you that, for a period of [Period of Warranty (ie. 90 days)] after delivery of this copy of the Software to you:
1.   the physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use,
2.   the Software will perform in accordance with the printed documentation distributed with it by us, and
3.   to the best of our knowledge your use of the Software in accordance with its printed documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRAN- TY OF TITLE, OF NONINFRINGEMENT, OF MERCHANT ABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless whether we know or have reason to know of your particular needs.
No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
No action for any breach of the above limited warranty may be commenced more than one (1) year following the expiration date of the warranty.
If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO [Period of Warranty (ie. 90 days)] DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Limited Remedy
Your exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph.
In such event, you shall return all copies of the Software to us and pay for shipping; you must include a dated proof of the date on which this copy of the Software was delivered to you, such as a copy of your dated receipt or invoice for this copy.
We will, at our option, either (i) ship you a replacement copy of the Software on nondefective physical media at our expense or (ii) refund your license fee in full.
To return copies of the Software, contact us at [Licensor's Address and/or Phone Number] to obtain a return authorization code.
No Incidental or Consequential Damages
Independent of the foregoing provisions, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether we know or have reason to know of the possibility of such damages.
Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your Indemnity to Us
Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.
Termination
If you materially breach this License Agreement, we may terminate your right to use the Software by notice to you.
You agree that, upon termination of the License, you will either return to us or destroy all copies of the Software in your possession.
Entire Agreement, etc.
This written License Agreement is the exclusive agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software.
This License Agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.
This License Agreement will be governed by the law of the State of [State (ie. California)] applicable to contracts executed and performed entirely in, and by residents of, that state.
This License Agreement is effective upon the earlier of (1) your signature below, or (2) your use of the Software (provided that your acquisition of a copy of the Software was from us or our representative); you agree that we need not sign this License Agreement in order for it to take effect.
 
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28657
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Shrink Wrap License Agreement

 

"You" means the person or company identified below, who is being licensed to use the "Software" identified in the title of this License Agreement. "We" and "us" means [Licensor Name], a [State of Licensor (ie. California)] corporation.
Limited Nonexclusive License
You acknowledge that you are acquiring only a limited nonexclusive license to use the Software (the "License"). We remain the owner of all right, title, and interest in the Software and in any copies of it.
The License permits you to install the Software on more than one computer system, e.g., a desktop computer and a laptop computer normally used by the same person at different times, provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system.
You may make a reasonable number of backup copies of the Software solely for backup purposes.
You agree not to make nor to permit the making of copies of the Software (including its documentation) except as authorized by this License Agreement or otherwise authorized in writing by us.
You agree not to engage in nor to permit the decompilation, disassembly, or other reverse engineering of the Software.
Limited Warranty
We warrant to you that, for a period of [Period of Warranty (ie. 90 days)] after delivery of this copy of the Software to you:
1.   the physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use,
2.   the Software will perform in accordance with the printed documentation distributed with it by us, and
3.   to the best of our knowledge your use of the Software in accordance with its printed documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRAN- TY OF TITLE, OF NONINFRINGEMENT, OF MERCHANT ABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless whether we know or have reason to know of your particular needs.
No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
No action for any breach of the above limited warranty may be commenced more than one (1) year following the expiration date of the warranty.
If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO [Period of Warranty (ie. 90 days)] DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Limited Remedy
Your exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph.
In such event, you shall return all copies of the Software to us and pay for shipping; you must include a dated proof of the date on which this copy of the Software was delivered to you, such as a copy of your dated receipt or invoice for this copy.
We will, at our option, either (i) ship you a replacement copy of the Software on nondefective physical media at our expense or (ii) refund your license fee in full.
To return copies of the Software, contact us at [Licensor's Address and/or Phone Number] to obtain a return authorization code.
No Incidental or Consequential Damages
Independent of the foregoing provisions, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether we know or have reason to know of the possibility of such damages.
Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your Indemnity to Us
Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.
Termination
If you materially breach this License Agreement, we may terminate your right to use the Software by notice to you.
You agree that, upon termination of the License, you will either return to us or destroy all copies of the Software in your possession.
Entire Agreement, etc.
This written License Agreement is the exclusive agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software.
This License Agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.
This License Agreement will be governed by the law of the State of [State (ie. California)] applicable to contracts executed and performed entirely in, and by residents of, that state.
This License Agreement is effective upon the earlier of (1) your signature below, or (2) your use of the Software (provided that your acquisition of a copy of the Software was from us or our representative); you agree that we need not sign this License Agreement in order for it to take effect.
 

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