Superseding Audit Rights For Software Copyright Infringement: Settlement Agreements Versus Software License Agreements

Many software copyright infringement claims are resolved informally and often the terms are set forth in a settlement agreement. The critical terms in every settlement agreement purporting to resolve copyright infringement claims include the release of liability, confidentiality, warranties and representations, monetary sums to be paid, and in cases of software, future auditing rights.

Third-party auditing entities such as BSA| The Software Alliance (the "BSA"), or Software & Information Industry Association ("SIIA"), organizations that acts on behalf of software publishers to enforce copyrights, craft their own settlement language, which is generally approved by the software publishers they represent.