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Licensing contracts are contracts that allow use by a third party other than its depositor / inventor ensuring that the ownership of the invention remain with the inventor himself. 

The software in particular is a copyright, so there is no need to speak here in Brazil about a software purchase (only with regard to the patrimonial rights of this software) because the moral rights are personal rights – which are inalienable and irrevocable. 

In order to allow other users to have access to the software, the parts celebrate a licensing agreement. This is because it is interesting for developers to invest in the software so that the original software is used because it is safe and reliable. 

It is important that companies that intend to use third party authoring software enter into a licensing agreement to keep themselves safe both in terms of data vulnerability, access to sensitive information, viruses, etc. 

software licensing contracts and its characteristics

It is also important to note that the use of software outside the terms of the license or without a license is classified as counterfeit and can cause major problems for companies that use the counterfeit softwares. 

When it comes to softwares, there are different licensing agreements, the most common being those based on the number of users allowed (using the licensed software) and those based on the number of computers that the licensed software can run on. 

Most companies that license some softwares usually choose the licensing terms to be for a number of users or to be used by everyone in a given environment.

Every software license has an expiration date, except for perpetual use. The permission is canceled whenever someone violates the contract, disrespecting the terms of use. Some licenses need to be renewed with each system update for the user to have access to the new versions. Others have automatic renewal.

Licensing agreements do not need to be registered towards the BRPTO, only the transfer of the use of the source code to third parties is formalized through a technology transfer contract, which must be registered towards the BRPTO, pursuant to article 211 of Law 9,279, of May 14, 1996 (“Law 9,279 / 96 ”), And of article 11 of the Software Law, since such registration is a condition to generate effects before third parties.

Lawyer Author of the Comment: Laís Iamauchi de Araujo

Source

Headline:It is important that companies that intend to use third party authoring software enter into a licensing agreement to keep themselves safe both in terms of data vulnerability, access to sensitive information, viruses, etc.

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

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