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ARTICLE · 04 APRIL 2012

A Practical Guide To Software License Agreements: Consequences Of Termination /Surviving Rights And Obligations

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Software license agreements often specify important rights and obligations that are triggered when the software license ends or that continue to apply after the software license agreement ends.

CanadaMedia, Telecoms, IT, Entertainment
Bradley Freedman
Bradley Freedman
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Software license agreements often specify important rights and obligations that are triggered when the software license ends or that continue to apply after the software license agreement ends. Customers should understand those rights and obligations and be prepared to enforce and comply with them.

Consequences of Termination

A time-limited software license usually terminates when the specified license period ends, if not sooner. A perpetual software license usually continues in perpetuity, but the customer's right to receive important services necessary for the practical continued use of the software (e.g., software maintenance or technical support) is usually limited to a specified period. Even a perpetual software license may be subject to termination by the vendor in specified circumstances (e.g., if the customer fails to pay fees or misuses the licensed software). Software license agreements usually require the customer to stop using the licensed software and

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