What is a license agreement? License Terms

Many of us at least once, but installed any programs on the computer, so at the beginning of the installation of any application it is proposed to read some text with sub-items and check the box "I have read and agree with the requirements." This text is called a software license agreement. Most people do not even read this kind of information, but this is because it is much easier for the current person not to pay attention to this than to devote 10 minutes of their time to read. Let's take a closer look at this issue and make sure that reading and understanding the essence of such texts is mandatory for every software user.

General concepts

Let's start with the very concept of a license agreement (hereinafter referred to as the LAN) - this is an agreement on the transfer of rights to use licenses, know-how, trademarks, etc.

The owner of the invention, who gives his consent to use the patent, is called the licensor, and the one who receives permission is called the licensee.

We briefly outline the responsibilities of both.

The licensor is responsible for:

• ensuring the exercise of the rights transferred to them;
• the novelty and relevance of the invention;
• cost-effectiveness of a patent under a contract;
• timely payment of patent fees ;
• transfer of all innovations developed during the term of the agreement.

Licensee is responsible for:

• timely payment of remuneration;
• compliance with technical and quality standards, in order to maintain the reputation of the licensor;
• immediate notification in case of patent infringement;
• safety of confidential data, in case of loss of which the licensee is obliged to compensate all the damage associated with this situation.

Classification

The following types of arrangements are distinguished:

1. Patent Licenses. Agreements of this type are often used in industrial production, in the transfer of certain technologies with the subsequent right to use them. Often, arrangements of this type are legally protected. Also, licenses of this type can be divided into several - into trademarks, inventions, industrial products and others ...
2. Know-how licenses. Here, patents can be the latest technology, technology that is under development, but has the prospect of unique information about a particular invention. Since the know-how relates to patents that can be created for any person, his registration and transfer of rights are executed in separate drugs. For example, in the USA, it is accepted that many companies transfer their developments by way of an agreement, and not in the form of a patent. Because in the case of a patent, you have to uncover the essence of technology.
3. Mixed licenses (complex). In the world, licensing in its pure form has little use in any industry. To take advantage of a particular invention, you will have to make every effort to pass checks, etc. In such situations, the advantages of a mixed license are manifested. The essence of this arrangement is that at first the prototype of know-how is carried out, and only then, when checking its operability, a deal is already concluded. From a legal point of view, this approach is ideal, since in case of failure you can cancel the previously agreed situation, as well as under the contract (if it is written in it) to receive compensation for incorrectly invested funds. On the other hand, the minus is that this procedure will take a long time, and is costly on the part of the financial component.

Types of agreements on the volume of transferred rights

1. Simple - it is also sometimes called non-exclusive. Here, the licensor as he can use his knowledge and development, and can transfer them to licensees. Multiple transactions with the same agreement in the relevant market are allowed. That is, the transaction that was completed does not carry the nature of the attachment of one license to a specific owner. The licensor reserves the right to sell its development to anyone other than those whose names are specified in the agreement. It follows that it is possible that those who sell and buy technology may meet in the same market and face competition.
2. Exceptional - this type of license vetoes the use by the licensor of his own technology, and in turn, the licensee has the full right to enter the market after the conclusion of the agreement. In this case, the risk of meeting on the same market between them is reduced to zero, but if one of the participants violates the rules, the violator will have to pay damages.
3. Full - the licensor’s refusal of his idea, all rights to own it pass to the licensee for the duration of the contract.
4. Open - the license is issued at a special patent office. Any interested person is entitled to it, while the patent fee is two times lower than the original value.
5. Forced - transfer of rights to use the facility to other interested users through the competent authorities.

Now let's talk directly about drugs in the computer field. The essence is no different from the usual arrangements described above. With the help of a license, the creator of the software (hereinafter referred to as the software) sets ultimatums under which the user is given the right to use the application.

Types of Software Licenses

Basically, they can be divided into two large groups: free use (free and open) and not free (commercial, that is, paid). There is also a type that applies to both the first and second groups, this is a shareware license, the trick is that you can use the product, but not in the full range of its capabilities, until you pay for the full version.

• Free - Freeware, GPL, Adware, Postcardware, Donationware, Nagware / Begware.
• Open - open source open source programs that are subject to modification and alteration
• Shareware - ShareWare, TrialWare, Demoware.
• Commercial - the goal of such is to profit, profit from the user and give him a product key with which he can work with software.

Types of Licensing

OEM (from the English Original Equipment Manufacturer - the original manufacturer of the product). Often this type is used in relation to the Windows operating system. Its feature is that it is available only to assemblers and sellers of computer equipment. The price is an order of magnitude lower and it goes together with the computer itself. That is, when buying a computer, the user can work with a certain program that is already registered. You can use it only on one computer.

Full Package Product is the so-called "boxed" version of the product. It is a complete software package for further installation and use. It includes:

• COA-certified packaging
• documentation with an EULA license agreement;
• software installation disk;
• 25-digit product key registration.

This version is suitable for all categories of users. Among all types of licensing, FPP is considered the most expensive, but the cost depends on the version you want to purchase. For example, a business will be more expensive than a home or academic business. But the peculiarity is that the “boxed" version can be installed on different computers, but a certain number of times.

VolumeLicensing is a very convenient way out of the situation when you have a staff of one hundred people, and everyone has a PC. When ordering one such version, the license receives a certain number of devices, which was indicated in the application. Everything is registered for a specific person, and keys are also given to him in order to activate products on computers.

Often with such orders, companies try to make all kinds of discounts for customers and provide them with high-quality technical support. This is the best solution at the moment for any company. There are two types of such licenses:

• Company-wide (redemption of rights for all devices that are on the installment plan at the enterprise, in other words, standardization of the enterprise).
• Noncompany-wide (purchase for several groups of computers).

The difference between the two is that for the first type, discounts and benefits are most often provided. Pros of this type of licensing:

• General electronic license for the entire enterprise, which allows you to make new orders.
• Reduce spending on the purchase of original software.
• Timely and high-quality technical support with the ability to call a specialist.
• Free software update, the ability to install Office products on other devices with the ability to transfer data and save the product license.

A profitable version, which is suitable for large companies that from time to time need high-quality technical support and a non-standard solution to a particular situation.

Subscription– a user buys his product and pays for it, figuratively speaking, in “credit”. Subscribing to this kind of purchase involves making monthly or annual payments. This type is convenient for companies that buy more than ten licenses. Benefits:

• Easy to manage all licenses.
• The ability to use all software updates immediately after their release.
• A discount of 5% for registration of more than 250 PCs, or for the acquisition of all three types.
• 50% discount on the first payment, if the devices have already installed old versions of the software.
• Profitable program for government agencies.

A version for those who are not sure for how long this product will be needed for him, or for those who need this software for a short time.

EULA Agreement

EULA (End User License Agreement -> license agreement with the user) - when installing the software, a window appears asking you to accept certain conditions in order to gain access to a particular program. This is a document that governs user rights in the license granted to him, which contains information such as the number of possible software installations, the possibility of transferring it to another computer, the presence of Microsoft technical support, whether this software needs to be activated.

Windows License Terms

As an example, we will consider the conditions of the OEM version. The rights to use such versions are controlled by the EULA. It includes the following rules of the license agreement:

• Only OEMs or PC builders should open the box with the OEM version of the product.
• in turn. the collector does not have the right to use the product that he installs on the device, he sells it to third parties (the exception is the Windows Server operating system, it can be transferred without installation to other parties);
• the buyer who purchased the computer will be required to obtain technical support for the software from the manufacturer;
• the collector passes the full set of licenses to the user

The license kit includes:

• The media (disk) for recovering data on the device (recently, large manufacturers of computer equipment refuse this practice, but if they require a request from Microsoft, physical distributions will be prepared for a specific version of OEM).
• Certificate of authenticity of the operating system. For stationary PCs, it is glued either to the monitor or to the system unit, for laptops or laptops - to the bottom of the case, if the device has a removable cover, the license icon is attached under it and information is provided that it is there.
• Documents and instructions on working with software, which includes the terms of the license agreement, which must be in print and in electronic form;

In case of unforeseen circumstances, in order to make sure that your device had the official version of the product, the manufacturer may require you to show the sticker mentioned above.

Windows 10 LAN Features and Updates

With the release of the new version of Windows, many users began to download and install it headlong. Indeed, the updated interface, beautiful animations, multitasking, and the speed of the new operating system are all at the highest level. The Windows 10 license agreement has also been updated. But in fact, there are negative qualities in Windows 10 that will make you think twice before setting it up as an OS. Below we describe what are the pros and cons of the new drug.

Let's start with the pros in formal arrangements:

• The right to transfer a Windows 10 license to another computer. Indeed, a very tempting function, because before it was impossible to transfer your system to other machines. But no luck to those who purchased their operating system (OEM version) with a PC, in this case, the transfer will be impossible. The same rules apply for 7 and 8.1.
• The right to upgrade to an older version. If you buy, for example, a laptop with a pre-installed OEM version, then you will find a pleasant surprise. If you did not like the new OS or want to see the good old seven and it’s more convenient to work with it, then thanks to this function you have the legal authority to downgrade to the previous version, if the support has not expired for ten years. That is, Windows 7 will be available for transition until 2020, and Windows 8 - until 2023.
• According to the terms of the new Windows license agreement, the user does not have the right to cancel downloading the automatic update of Windows 10, now this process will take place automatically. The Windows Update program, from time to time will check your computer for updates, and install them without permission. On the one hand, this approach makes it easier to work on the computer, since you do not need to look for any updates on the Internet and then suffer from installing them, on the other hand, this can lead to some malfunctions of the device. "By accepting these rules, you agree to receive automatic updates without further notice," the user agreement says.

Now let's analyze the cons:

• User data synchronization function with Microsoft server. Honestly, not a good idea to gain the trust of users around the world. It allows you to save your personal data, such as browser history and passwords entered into it, names and passwords of the wireless access points that you use. Of course, synchronization can be canceled, but from the very beginning of use it is in default mode.
• Many were surprised that the Cortana Virtual Assistant is allowed to collect various types of user data, such as:

- coordinates of the user's location;

- data on phone calls, at what time and how many there were;

- fragments of correspondence by mail and sms-messages;

- events scheduled on your calendar.

• The encryption keys with which you can encrypt all data on your computer using the well-known BitLocker program, as stated in the license, will be stored in the One Drive cloud, which, in turn, is subordinate to Microsoft. These actions on the part of the company make encryption in Windows 10 meaningless. We recommend that you install a third-party data encryption program that you can trust.
• And the most spicy thing is that now the corporation can manage your data. Quote from drugs:

We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.

Personal correspondence, local files and other personal information can be disclosed not only at the request of the authorities, but simply if Microsoft thinks it is necessary for some protection of their customers.

"Could not find license agreement" - Windows error during installation.

Sometimes users who want to install a brand new OS encounter one problem, which subsequently turns out to be very easy to solve. "The program could not find a license agreement"> license agreement "- this is approximately the wording of our turmoil. Most often this problem occurs for three reasons:

1. Problems with the ISO file - such problems occur because the user downloads the assembly from pirated resources, where they are collected by beginners and amateurs who are not very different from us and experiment with users. The solution to this problem is to download the distribution kit from the official site, recorded again on another medium.
2. Incorrect distribution image recording - the problem arises due to a minor error when mounting it on a solid state drive. This kind of error can be corrected by a new recording or by changing the program for burning discs.
3. Malfunction or problems with flash or DVD media - the name reveals the essence. A malfunction in the device from which boot files are installed. The logical solution is to change the device, but it should be noted that for such an action requires good gadgets purchased in a specialized store. Because buying a flash card somewhere on the street, you not only risk being left without money, but also bring a malicious virus.

Summary

In conclusion, I would like to note that in the modern world it is very important to respect the rights of those who try to make life easier for ordinary people. In the cyber sphere, this can be done with the help of rules, licenses and conditions, which are not so difficult to comply with. We hope that, after reading this article, you understand all aspects of the activity of licensing agreements, and you will not have any questions related to this topic.