Legal Question in Technology Law in Massachusetts

Company A sells a software to company B with the expectation that company B will resell the product (or give) the product to company C.

Between whom should there be EULAs? A and B, A and C, B and C?

Should the EULA between A and B be different than that between A and C?

This is s software as a service offering. Are there standard or well known examples that I might follow?

Asked on 3/20/13, 3:23 pm

1 Answer from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson
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I don't mean to be rude, but I don't think you are understanding the meaning of "EULA" which is short for end user licensing agreement. ...typically a EULA is a direct to consumer type of document, and is not used in corporate settings - especially where there is a known reseller. Moreover, if you are offering software as a service - almost per se, you are dealing with the Company ultimately receiving the service.

You should have representation. Companies B and C might both have representation, and object to your proposed agreement. While I understand that legal services can be expensive, ask yourself whether it makes sense to develop a business, only to put that business at risk with an inadequate agreement.

Jonas Jacobson

Software Agreements

Business Services

info@jonasjacobson.com

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3/21/13, 1:35 pm

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